IMAGE  EVALUATION 
TEST  TARGET  (M7-3) 


1.0 


11.25 


I^IM    |2.5 

Ui  Kiii   12.2 


II  1.1     l.-^  1^ 


Hiotographic 

Sciences 

Corporation 


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33  WIST  MAIN  STRUT 

WMSTIR.N.Y.  MSaO 

(716)  •73-4St3 


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CIHM/ICMH 

Microfiche 

Series. 


CIHIVi/ICMH 
Collection  de 
microfiches. 


Canadian  Inatltuta  for  Historical  Microraproductions  /  Institut  Canadian  da  microraproductiona  hiatoriqwaa 


Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


7 

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The  Institute  has  attempted  to  obtain  the  best 
original  copy  available  for  filming.  Features  of  this 
copy  which  may  be  bibliographically  unique, 
which  may  alter  any  of  the  images  in  the 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  below. 


□    Coloured  covers/ 
Couverture  de  couleur 


I     I    Covers  damaged/ 


D 


D 
D 
D 


y 


D 


Couverture  endommagie 


Covers  restored  and/or  laminated/ 
Couverture  restaur^  et/ou  pelliculAe 


□    Cover  title  missing/ 
Le  titre  de  couverture  manque 

I      I    Coloured  maps/ 


D 


Cartes  giographiques  en  couleur 


Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 


Coloured  plates  and/or  iilustrations/ 
Planches  et/ou  illustrations  en  couleur 


Bound  with  other  material/ 
Relii  avec  d'autres  documents 

Tight  bindmg  may  cause  shadows  or  distortion 
along  interior  margin/ 

La  re  liure  serrie  peut  causer  de  I'ombre  ou  de  la 
distortion  le  long  de  la  marge  intirieure 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajouties 
lors  d'une  restauration  apparaissent  dans  le  texte. 
mais,  lorsque  cela  Atait  possible,  ces  pages  n'ont 
pas  AtA  filmAes. 

Additional  comments:/ 
Commentalres  supplAmentairas; 


L'Institut  a  microfilm^  le  meilleur  exemplaire 
qu'il  lui  a  iti  possible  de  se  procurer.  Les  details 
de  cet  exemplaire  qui  sont  peut-Atre  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
une  image  reproduite,  ou  qui  peuvent  exiger  une 
modification  dans  la  mithode  normaie  de  filmage 
sont  indiqute  ci-dessous. 


I      I   Coloured  pages/ 


D 


Pages  de  couleur 

Pages  damaged/ 
Pages  endommagies 

Pages  restored  and/oi 

Pages  restauries  et/ou  pelliculAes 

Pages  discoloured,  stained  or  foxei 
Pages  dicolor^es,  tachetdes  ou  piquies 

Pages  detached/ 
Pages  d^tachiba 

Showthrough/ 
Transparence 

Quality  of  prir 

Quality  inigale  de  {'impression 

Includes  supplementary  mat««rit 
Comprend  du  materiel  suppl^mentaire 

Only  edition  available/ 
Seule  Edition  disponible 


I     1  Pages  damaged/ 

I      I  Pages  restored  and/or  laminated/ 

r~71  Pages  discoloured,  stained  or  foxed/ 

I      I  Pages  detached/ 

r~7|  Showthrough/ 

Pyj  Quality  of  print  varies/ 

I      I  Includes  supplementary  mat««rial/ 

I — I  Only  edition  available/ 


C 

« 
s 

0 

fl 

0 


1 

V 

h 

d 

• 

r 
f 


Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  ref limed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellement 
obacurcies  par  un  feuillet  d'errata,  une  pelure, 
etc.,  ont  M  filmAes  A  nouveau  de  faqon  A 
obtenir  la  meilleure  image  possible. 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Cc  document  est  film*  au  taux  de  reduction  indiqui  ci-dessous. 


10X 

MX 

18X 

22X 

26X 

SOX 

7 

12X 


16X 


20X 


24X 


28X 


32X 


Th«  copy  fllmtd  h«ra  hat  b««n  r«pro<iuc«d  thanks 
to  tha  ganarosity  of: 

Ntw  Bruniwlok  M  JMum 
Saint  John 


L'axamplaira  f ilmi  fut  raproduit  grAca  A  la 
g*narosit*  da: 

New  Bruniwick  Museum 
Saint  John 


Tha  imagaa  appaaring  hara  mn  sha  bast  quality 
posslbia  oonsldaring  tha  condition  and  lagibiiity 
of  tha  original  oopy  and  in  kaaping  with  tha 
filming  contract  apaclflcationa. 


Las  imagas  sulvantos  ont  6t6  reproduitas  avoc  la 
plus  grand  soin,  compta  tenu  do  ia  condition  at 
da  la  nattata  da  raxamplaira  filma.  at  an 
conformita  avac  las  conditions  du  contrat  da 
filmaga. 


Original  eopiaa  In  printad  papar  covars  ara  fllmad 
baginning  with  tha  front  covar  and  anding  on 
tha  last  paga  with  a  printad  or  llluatratad  impraa- 
slon,  or  tha  back  covar  whan  appropriata.  All 
othar  original  coplaa  ara  fllmad  baginning  on  tha 
f  irat  paga  with  a  printad  or  llluatratad  impraa- 
slon,  and  anding  on  tha  laat  paga  with  a  printad 
or  llluatratad  impraaalon. 


Las  axampiairas  originaux  dont  la  couvartura  an 
papiar  ast  imprimaa  sont  filmas  an  commanpant 
par  la  pramiar  plat  at  an  tarminant  soit  par  la 
darnlAra  paga  qui  comporta  una  emprainta 
d'imprassion  ou  d'illustration,  soit  par  la  sacond 
plat,  salon  la  cas.  Tous  las  autras  axampiairas 
originaux  sont  filmis  an  commanfant  par  la 
pramlAra  paga  qui  comporta  una  amprainta 
d'imprassion  ou  d'illustration  at  an  tarminant  par 
la  darniira  paga  qui  comporta  una  talla 
amprainta. 


Tha  laat  raeordad  frama  on  aaoh  microficha 
shall  contain  tha  symbol  «-«»■  (moaning  "CON- 
TINUED ").  or  tho  aymbol  ▼  (moaning  "END"), 
whichavar  appllaa. 


Un  das  symbolas  suivants  apparaltra  sur  la 
darniira  imaga  da  chaqua  microficha.  salon  la 
cas:  la  symbols  — »•  signifie  "A  SUIVRE",  la 
symbols  ▼  signifia  "FIN". 


Mapa.  platas,  oharta,  ate,  may  ba  fllmad  at 
diffarant  raductlon  ratioa.  Thosa  too  larga  to  ba 
antlraly  included  in  one  axpoaura  ara  fllmad 
baginning  in  tha  uppar  laft  hand  cornar,  laft  to 
right  and  top  to  bottom,  aa  many  framas  as 
raquirad.  Tha  following  diagrams  illustrata  tha 
mathod: 


Las  cartas,  planchas.  tablaaux.  ate.  pauvant  fttra 
filmAs  A  das  taux  da  rAduction  diff^rents. 
Lorsqus  la  document  ast  trap  grand  pour  fttra 
raproduit  an  un  saul  clicha,  11  ast  filma  A  partir 
da  I'angia  supariaur  gaucha,  da  gaucha  A  droita, 
at  da  haut  an  bas.  an  pranant  la  nombra 
d'imagas  nicar  ,aira.  Las  diagrammas  suivants 
illustrant  la  mathoda. 


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2 

3 

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KKiiTlRG  TO  THX 


NORTH  EASI^ERN  BOUNDARY 


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DVTTON  «b  WENTW0RTH--PRINTER8  TO  THE  STATE, 
Nm.  1  &  4  Exchange  GKrMi, 


1828. 


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In  the  year  of  cif  Lord  one  thousand  eight  hun- 
^  dred  and  twenty-eight. 


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RESOLVE 


For  printing  the  Message  and  Documents  relating 
to  the  North  Eastern  Boundary. 

Resolved,  That  the  Secretary  of  the  Common- 
wealth cause  to  be  printed,  the  following  Documents 
relating  to  the  North  Eastern  Boundary,  viz.    - 

.Letter  from  the  Governor  of  Massachusetts  to 
the  Governor  of  Maine,  dated  November  13,  1827. 

Letter  from  the  Governor  to  G.  W.  Coffin,  Esq. 
dated  November  16,  1827. 

Answer  of  Mr.  Coffin,  dated  November  21, 1827. 

The  Message  of  the  Governor  to  the  Senate  and 
House  of  Representatives,  dated  March  1,  1828, 
together  with  the  documents  accompanying  the 
same. 


VJ., 


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Resolved,  That  the  Secretary  procure  one  thou- 
sand copies  of  said  Documents,  to  be  deposited  in 
his  office.  And  that  he  deliver  one  copy  to  every 
member  of  the  present  Legislature  who  shall  apply 
for  it,  and  dispose  of  the  residue,  or  any  part  of 
them  in  such  manner,  as  the  Executive,  or  the  next 
Legislature  shall  direct. 

In  Senate,  March  11, 1828.  Bead  and  passed, 
sent  down  for  concurrence.  ,^, 

JOHN  MILLS,  iVesirfen^. 

In  House  of  Representatives,  March  12, 1828. 
Read  twice  and  passed  in  concurrence. 

WILLIAM  C.  JARVIS,  %aA»r. 

March  12th,  1828. 


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4iprot;c<J,  LEVI  LINCPLN.     ,, 

^ts\ieS^mh^-    '^  -'^'-'  •rf^^rr'  ■-^■•■— 
^     ■       Attest,  ED^N AJEiD  D.  BANGS, 
;,^^j^f.  Secretary  of  the  Commonwealth, 


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Worcester^  Mass.  November  13,  182f7. 

To  His  Excellency  Enoch  Lincoln, 
4.ts*y  Governor  of  tne  State  of  Maine. 

Sir, 

^  The  interesting  relations  between  this  Common- 
wealth and  the  State  of  Maine,  have  never  ceased 
to  be  a  subject  of  deep  and  earnest  regard  by  the 
Executive  of  Massachusetts.  From  the  time  of  my 
induction  to  office,  the  unsettled  and  disturbed  ques- 
tion of  the  North-Eastern  Boundary,  immediately 
affecting  a  large  amount  of  common  property,  and 
made  the  more  important  from  jurisdictional  rights 
involved  in  its  decision,  has  met  a  solicitous  and 
watchful  attention.  The  general  views  entertained 
by  me  on  this  subject,  were  early,  although  briefly, 
expressed,  in  a  communication  to  the  Legislature, 
at  the  commencement  of  the  January  Session,  1826, 
published  with  the  Resolves  and  forwarded  to  the 
Executive  of  Maine,  to  which  I  beg  leave  to  refer, 
and  the  opinions  then  declared,  have  frequently 
since,  and  on  all  proper  occasions,  o  an  repeated. 
It  has  indeed  been  looked  for,  that  the  Government 
of  the  United  Stutes,  alike  impressed  with  the  ur- 
gency of  establishing  their  frontier  lire  of  National 
Boundary,  as  sensible  to  the  obligation  of  vindicat- 
ing the  rights  of  the  States  particularly  interested 
in  the  soil  and  sovereignty  of  the  Territory,  would, 
ere  this  period,  have  effectually  maintained  the  in- 


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tegrity  of  an  actual  possesswft^  and  removed,  by  a 
clear  and  distinct  designation  of  Monuments,  a)l 
cause  of  challenge  and  controversy  with  a  foreign 
Government;  and  of  collisions  and  violence  be- 
tween their  respective  citizens  and  subjects.  The 
Treaty  of  Ghent  referred  this  question  to  a  qualified 
arbitrament,  not  for  the  surrender  or  compromise  of 
rights,  but  for  the  determination  oi  them  2iS  they  pre- 
existed. Commissioners  appointed  under  that  in- 
strument, having  failed  to  agree  upon  the  Bounda- 
ry, the  matter  was  made,  as  has  been  understood, 
of  paramount  attention,  with  the  American  Minis- 
ter at  the  Court  of  St.  James,  who,  so  far  as  is  now 
known,  has  been  alike  unsuccessful  in  procuring  a 
recognition  of  the  just  demands  of  the  United  States 
to  the  establishment  of  the  Boundary,  by  the  des- 
cription in  the  Treaty  of  1783.  In  the  intermedi- 
ate time,  the  patience  of  the  Governments  and  the 
Citizens,  boih  of  Massachusetts  and  Maine,  has  been 
severely  tasked,  by  the  embarrassment  created  to  the 
improvement  and  disposition  of  their  property  in 
the  soil,  to  which  are  now  superadded  complaints  of 
flagrant  acts  of  injustice  and  outrage,  and  violations 
of  the  personal  liberty  of  American  citizens,  by  Brit- 
ish authority,  claiming  allegiance  from  those  who 
are  purchasers  and  settlers  upon  the  land  under 
grants  from  the  State  sovereignties. 

I  need  not,  Sir,  labour  to  assure  you  ofthe  sym- 
pathy of  Massachusetts  in  the  injuries  thus  suffered 
more  immediately  by  the  People  and  Government 
of  Maine.     The  citizens  of  this  Commonwealth 


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have  been  too  recently  and  too  intimately  in  con 
nexion  and  association  with  their  younger  Sister, 
to  be  insensible  tb  any  occurrence  which  may  in- 
flict wrongs  upon  her.  3ut  in  the  present  instance, 
a  community  of  interest  and  joint  suffering  will  re- 
quire and  ensure  a  ready  participation  in  all  justifi- 
^|d)le  and  constitutional  means  to  obtain  redress, 
and  to  vindicate  the  cause  of  injured  individuals, 
and  a  violated  State. 

^  With  these  views,  I  beg  to  be  officially  in' 
formed  of  the  precise  character  and  extent  of  the 
recent  aggressions  which  have  been  committed  at 
Madawaska,  or  elsewhere,  within  the  State  of 
Maine,  under  the  pretext  of  orders  from  the  Pro- 
Ivihcial  Government  of  New  Brunswick,  and  to  be 
^ade  acquainted  with  all  other  circumstances  and 
^considerations  ^own  to  your  Excellency,  as  im- 
portant to  a  true  understanding  of  the  honour  and 
interest  of  the  Commonwealth,  which,  in  this  com- 
^mcation,  I  have  the  duty  and  the  responsibility  to 
^represent. 

I    With  sentiments  of  the  highest  personal 

regard,  and  official  consideration,  most 

fi        foithfiilly  your  obedient  servant, 

mri:!  ■  t'^i^lt  m,  .^--n    LEVI  LINCOLN 


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fl^orcestert  November  16,  1827. 

To  George  W.  Coffin,  £8q. 
Sir, 

I  have  seen  with  feelings  of  d^ep  intorofit  «i^ 
solicitude,  unofficial  accounts  of  licts  of  vi((^9^ 
and  injury  by  the  British  Authorities  of  th^Pronn^ 
of  New  Brunswick  upon  the  possessions  and  per- 
sons of  American  Citizens,  who  ore  purchasers  and 
settlers  upon  lands  under  grants  from  this  Common- 
wealth and  the  State  of  Maine..  The  precise  cjKm*- 
acter  and  extent  of  these  aggressiojns  it  is  my  di||j| 
to  endeavour  to  learn.  They  concern  the  |^0|^c 
and  faith  of  the  State,  and  may  impose  an  obliga-, 
tion  of  appeal  to  the  interposition  of  ike  Nation. 
I  have  addressed  a  communication  to  the  Governor 
of  Maine  requesting  to  be  particularly  informed  on 
the  subject,  and  while  I  wait  his,  reply,  I  shaH  l|« 
obliged  by  such  intelligence  from  ypu,  as  ypui:  ag^^ 
cy  in  the  management  of  the  public  lands,  and^our 
knowledge  of  the  condition  of  the  inhabitants  of 
the  Territory,  where  the  controversy  exists,  may 
enable  you  to  furnish. 

Indeed  I  shall  receive  with  great  regard  any  ill- 
formation  which  *you  may  afford  in  relation  to  the 
interests  of  the  Commonwealth  in  the  State  of 

Maine. 

I  am  sir,  with  great  respect, 

your  obedient  servant, 

LEVI  LINCOLN. 


^18^:?^  > 


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Land  Office,  BoUon,  November  21,  1827. 
May  it  please  Your  Excellency. 


f^- 


I  have  received  your  esteemed  favour  of  the  16th 
instant,  requesting  information  in  relation  to  the  ag- 
gressions on  the  frontier  of  Maine,  &.c. — Before  I 
proceed  to  answer  the  immediate  and  particular  en- 
quiry, I  will  preface  a  few  general  remarks.  The 
French  settlers  at  Madawaska,  are  many  of  them 
the  descendants  of  the  neutral  French,  that  were 
formerly  settled  at  Kennibacasius  near  the  City  of 
St.  John's,  and  about  the  year  '65  were  driven  from 
thence  into  the  interior  ;  they  then  fixed  themselves 
at  what  is  now  called  Madawaska,  being  an  extent 
of  territory  bordering  upon  St.  John's  river  about 
60  miles.  These  people  by  marriage  with  the  Ca- 
nadian French,  together  with  emigration  from  Ca- 
nada, are  now  hardly  distinguishable  from  the 
French  citizens  of  Canada,  using  the  same  Creole 
language.— They  remained  in  that  wilderness  for  a 
number  of  years,  without  being  noticed  by  the  Pro- 
vinces, and  to  the  citizens  of  Maine  were  entirely 
unknown.  The  first  authority  exercised  over  them 
by  the  British,  commenced  about  12  or  15  years 
ago,  when  a  hard  contested  election  was  expected, 
for  a  member  of  the  Assembly  for  the  County  of 
York,  to  answer  some  political  purposes,  the  Mada- 
waskans  were  called  upon  to  give  in  their  votes,  and 

from  that  time,  they  have  been  permitted,  or  refused 
2 


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the  right  of  voting,  as  suited  the  views  of  interest- 
ed persons.  Since  the  dispute  relative  to  the  boun- 
dary line,  which  commenced  about  the  time  an  at- 
tendpt  was  made  to  adjust  it,  under  the  provisions 
of  the  Treaty  of  Ghent,  the  British  have  pursued  a 
more  direct  course  of  jurisdiction.  Peter  Fraser, 
Major  of  the  4th  Battallion  of  the  York  County  Mi- 
litia, thought  it  a  good  measure  to  have  the  French- 
men enrolled,  and  they  have  for  some  4  or  5  years 
been  made  to  do  military  duty,  but  never  have  been 
entrusted  with  arms.  They  Jiave  also,  when  small 
deinands  have  been  brought  against  them,  whether 
just  or  not,  been  under  the  necessity  of  paying,  or 
be  subjected  to  a  journey  of  150  or  200  miles  to 
Frederickton  to  make  their  defence,  a  grievance 
which  they  complain  of  very  much.  Within  10  or 
12  years,  several  families  have  moved  to  Madawas- 
ka  from  Kennebeck,  and  others  from  New  Bruns- 
wick. Pursuant  to  the  resolves  of  11th  June  1825, 
the  land  agents  for  Massachusetts  and  Maine,  sur- 
veyed to  John  Baker  and  made  and  executed  a  deed 
by  metes  and  bounds,  of  100  acres  of  land,  and 
another  lot  of  same  contents  to  James  Bacon.  Said 
Baker  has  on  his  lot  a  saw  and  grist  mill,  dwelling 
house,  &c.  very  pleasantly  situated  at  the  conflu- 
ence of  a  river  (called  Maryumticook)  with  St. 
John's  river,  about  10  miles  above  the  mouth  of  Mad- 
awaska  River;  12  or  15  miles  higher  up,  on  the 
south  side.  Fish  River  empties  into  the  St.  John's. 
At  this  place  is  a  large  double  saw  mill,  erected  by 
Wilmot  and  Peters  of  Frederickton,  which  is  sup- 


;  •; 


r  f       •(.■ 


^'■•■ 


V.3I. 


n 

plied  from  the  forest  surrounding  it.  When  I  was 
at  St.  John's  two  years  ago,  I  was  informed,  that  in 
consequence  of  the  remonstrance  made  to  the  Brit- 
ish Minister  at  Washington,  by  our  Government, 
against  the  practice  of  granting  permits  for  cutting 
timber  from  the  public  lands,  a  messenger  from  Eng- 
land had  been  sent  to  St.  John's,  who  passed  up  to 
the  head  of  the  river,  and  on  his  return,  declared 
the  Americans  to  be  right,  in  the  construction  of 
the  treaty  relative  to  the  boundary  line,  and  order- 
ed a  stop  to  be  put  to  granting  permits,  and  all 
those  issued  for  the  Winter  of  1823-6  were  recal- 
led. I  was  much  gratified  at  hearing  this,  and  be- 
lieving at  that  tirae  an  adjustment  might  take  place, 
thought  it  best  to  proceed  no  further  in  making 
deeds.  The  excitement  has  progressed  with  the 
people  on  the  frontiers Yegularly  to  the  present  time, 
and  I  believe  the  personal  interest  of  Major  Fraser 
(who  has  several  farms  on  the  banks  of  the  river, 
within  the  disputed  territory,  and  is  a  member  of 
the  Province  Assembly,)  as  also  of  said  Wilmot  and 
Peters,  have  prevented  by  their  influence,  an  hon- 
ourable adjustment,  and  kept  the  people  in  a  fer- 
ment. 

I  was  at  Passadunky  on  Penobscot  River,  about 
the  middle  of  last  month,  when  the  mail  carrier  from 
Houlton  to  Bangor,  came  through ;  from  him  I  ob- 
tained the  following  story,  wliich  he  said  was  the 
rumor  at  Houlton,  viz.  "  That  said  Baker  some- 
time the  past  season,  sent  some  lumber  down  St. 
John's  river,  ns  usual  to  market,  which  was  seized 


12 

at  Frederickton,  (whether  for  a  violation  of  the  rev- 
enue law,  or  for  cutting  from  the  Crown  lands,  was 
not  stated)  this  irritated  Baker  very  much ;  soon  af- 
ter the  carrier  of  the  Province  Mail  (which  is  car- 
ried in  a  boat,)  was  passing  by  said  Baker's  resi- 
dence, was  hailed  by  him  to  know  what  boat  that 
was,  and  was  answered  the  Province  Mail,  to  which 
Baker  said,  you  may  pass  on  now,  but  shall  not 
pass  many  times  more ;  this  conversation  was  re- 
ported down  river,  a  Deputy  Sheriff  with  an  armed 
posse  were  proceeding  up  river  to  take  Baker ;  the 
Attorney  General  hearing  of  it,  sent  a  dispatch  af- 
ter them,  with  orders  not  to  go  armed,  but  proceed 
without;  they  went  to  Baker's  House,  and  took 
him  out  of  his  bed  and  carried  him  to  Frederick- 
ton  ;  about  the  same  time,  a  person  residing  on  the 
Aroostook  River,  had  a  writ  served  on  him  for  debt ; 
the  Officer  to  satisfy  the  demand,  took  possession 
of  a  cow,  which  was  resented  by  the  settlers  gen- 
erally ;  they  rallied  and  rescued  the  cow  from  the 
Officer ;  and  destroyed  the  writ.  Although  the 
Aroostook  settlement  is  60  or  60  miles  from  Bakers, 
yet  this  transaction  is  made  a  part  of  the  charge 
against  him,  viz.  "  Attempt  at  stopping  the  Mail, 
and  exciting  the  people  to  rebellion  against  the 
Government." 

This  is  the  purport  of  the  story ;  how  far  it  is  true, 
or  otherwise,  I  cannot  say ;  at  any  rate  the  fact  of 
Baker's  being  taken  out  of  his  own  house,  built  on 
land  for  which  he  has  received  a  deed  from  the  two 
States,  is  undoubtedly  true,  and  under  a  charge  of 


13 


son)'*  crime,  for  which  he  has  since  been  tried,  con- 
vie     h  and  fined  £150,  and  sentenced  to  six  months 
imprisonment.    The  Executive  of  Maine  has  writ- 
ten to  the  Lieutenant  Governor  of  New  Brunswick, 
to  know  under  what  authority,  or  pretence,  this  sei 
zure  of  a  citizen  of  Maine  has  been  made,  and  has 
also  clothed  Mr.  Charles  S.  Davies  of  Portland, 
with  authority  to  enquire  into  all  the  circumstances. 
Your  Excellency  will  undoubtedly  soon  have  offi- 
cial information,  touching  the  whole  subject.    My 
private  opinion  has  been,  and  now  is,  that  the  dis- 
pute regarding  the  boundary  line,  will  have  to  be 
finally  settled  by  some  foreign  umpirage,  conforma- 
bly to  the  provisions  contained  in  the  Treaty  of 
Ghent ;  if  so,  the  sooner  it  is  done  the  better,  other- 
wise  I  fear  the  irritation  of  the  people  on  the  fron- 
tier, will  result  in  unpleasant  consequences.     The 
settlers  or  squatters  on  the  Aroostook  River  have  al- 
ready left  their  sei  Jements  for  fear  of  difficulty.    In 
regard  to  the  other  parts  of  Maine,  where  this  Com- 
monwealth have  an  interest,  nothing  of  moment  has 
occurred,  since  I  last  had  the  pleasure  of  addressing 
you,  except  that  a  quietus  has  been  effected  in  the 
conduct  of  trespassers  on  the  Penobscot,  and  all 
the  suits  in  law  have  been  favourably  adjudged.    A 
further  survey  and  division  has  been  made,  embra- 
cing the  lands  around  Moose-head  Lake,  the  par- 
ticulars of  which,  you  will  soon  be  made  acquainted 
'vith  by  the  Hon.  Commissioners.  Some  of  the  lands 
now  divided,  I  apprehend  are  valuable,  on  account 
of  the  timber,  as  applications  to  purchase  are  daily 


i 


I 

n 


I 


^vr 


\    V' 


sent  in.  Where  pine  timber  abounds,  I  have  no  hes- 
itation in  saying,  the  interest  of  the  Commonwealth 
will  be  promoted,  by  either  selling  the  land,  or  the 
growth.  I  think  the  latter  will  yield  the  largest  sum 
in  the  end,  but  if  neither  be  sold,  the  value  of  the 
pme  timber  will  be  lost      ;  .*^    -    *c^s*   •      ^ 

•k^}  I  am  with  great  respect,  your 

M? »  i»n    devoted  and  very  humble  servant, 

'  '^(signed) 
'  GEOl^GEVf.COTflNy  Land  Agent 


■*. 


-2*:'    ''U\l     S:  .                         .;:,.; 

-'0ij-'':^ii^-?  ■--'^y    :,^- 

■* 

''•V         •     ,       '--Lf^         ^            ' 

n 

;,/    '--^^4'^  ■! 

1 

f 

;-r,.;      •    .■^i'',*.;^^-,  ..   ,     • 

,  •■      .  ■    ■■  /•^.■-  ■■  :    .^    , 

*  ■  V  *■  %»  i 


\v 


I  '11 


i^I 


#&, 


■'■■■%'^:-: 


MESSAGE. 


•('  r  a:   i- . 

I.      V'    ■'-•   ■  4   ■ 


Gentlemen  of  the  Senate,  and    , .; 
f  j^^.      House  of  Representatives, 

The  Secretary  is  charged  with  laying  before 
you  a  Pamphlet,  recently  forwarded  to  me  by  His 
Excellency  the  Governor  of  the  State  of  Maine, 
containing  copies  of  interesting  Documents  in  re- 
lation to  the  subject  of  the  North  Eastern  Boun- 
dary. '  -^^^'.  ■•  ■  -'■-■'^^'^-      ■.       ■    ;■*' 

LEVI  LINCOLN. 

Council  Chamber,  March  Ist,  1828.     ^ 


-    f/f*-       '  V 


m 


41 


i; 


^tate  of  fMXxix. 


■  i-     •  > 


EXECUTIVE  DEPARTMENT, 

^ft        Portland,  Feb.  18,  1828. 


Sir, 


The  accompanying  Documents  are  transmitted 
in  compliance  with  the  provisions  of  a  Resolve  of 
the  Legislature  of  this  State. 

I  have  the  honour  to  be. 
Very  respectfully. 

Your  obedient  servant. 


v; 


ENOCH  LINCOLN. 


fi'ii 


V: 


■%•■ 


His  Excellency, 

The  Governor  of  the  State  of  Massachusetts, 

Boston. 


«  MT' 


m 


REPORT 


-)«    'X- 


OF  THE 


JOINT  SELECT  COMMITTEE 


:^#4:.  -M^i-r^l^.- 


oF  THB 


Sen au  ^nlr  f^ouiye  of  lS^tis^t%%txiX^m%%^ 


.^.■ 


OF  THB 


STATE  OF  MAINE, 


'In  BELATION  TO  TH4 


4*. 


NORTH  EASTERN  BOUNDARY 


^i». 


OF  THE  STATE. 


^'.;        ■  ''^V 


{■■.• 


L^ 

.1  t 

PORTLAND . 

Im^i  " 

^IHTID  BT  OROKR  OF  THB  LIOISLATVBf 

18^. 


■f 


*  '^f 


i 


i 


f 


'' 


'is 


in, 


111 


r. 


.  ! 


.  ■>«' 


s. 


/.■ 


"-•# 


STATE  OP  MAINE. 


•^>, 


'    ^i  '  ^i  In  Senate/ Jan.  4,  1828. 

Ordered, — That  so  much  of  the  Communication  made  by 
the  Governor  to  the  Legislature,  with  the  accompanying  docu-^ 
ments  as  relates  to  the  North-Eastern  Boundary  of  this  Stat^  bo 
referred  to  \;j  •  ,  *      . 

Messrs:  Megquier, 

Williams,  and       \'     '•      > 
Hathaway, 

With  such  of  the  House  as  may  join,  and  that  the  Committee 
be  authorized  to  cause  such  of  the  accompanying  documents  to 
be  published,  as  in  their  opinion  the  public  good  requires. 
Read  and  passed, 

Sent  down  for  concurrence, 

•^  ROBERT  P.  DUNLAP,  President 


House  of  Representatives,  Jan.  5.  1828. 
Read  and  concurred,  and 

Messrs.  Dkane,  of  Ellsworth, 
Fuller,  of  Augusta, 
Vance,  of  Baring, 

Carpenter,  of  Howland,  , 

Burnham,  of  Unity, 
Were  joined. 

JOHN  RUGGLES,  %aiter. 


M^ 


I 


•■Ilk 


mt. 


1 

•■■  -.     /..     V     ,)    ■^■.  ■■      ■ 

*  1 

''^^Bb 

/an.  4,  J828. 
sation  made  by 
mpanying  docu*' 
of  this  Stat^  bo 

'-'^^^l 

^^      REPORT. 

,  ' 

m 

,  -       ■■  ■  ■■•/■« 

the  Committee 
I  documents  to 
equires. 


?,  President 


an.  5.  1838. 


J,  SpeaJcer. 


The  aforesaid  Joint  Select  Committee  of  the 
Senate  and  House  of  Representatives  of  the  State 
of  Maine,  have  considered  the  whole  subject  sub- 
mitted to  them  by  the  aforesaid  Order,  to  wit :  All 
the  Governor's  Message  which  relates  to  the  North- 
Eastern  Boundary,  which  is  as  follows,  to  wit : — 
*'  In  the  number  of  oiir  resources  is  one  so  con- 
spicuous, that  it  must  early  attract  your  notice.  It 
is  that  of  a  wild  and  fertile  territory,  embracing 
about  six  millions  of  acres.  It  is  not  necessary 
now  to  attempt  to  show  how  evidently  it  is  subject 
to  your  jurisdiction,  nor  to  speak  of  its  distinguished 
natural  advantages,  which  impart  to  it  the  capacity 
of  sustaining  some  hundred  thousand  yeomen. 
Valuable,  or  rather  invaluable,  as  it  is,  we  ought 
without  hesitation  to  surrender  it  if  we  cannot  with 
justice  support  that  claim  to  it  which  unfortunately 
now  stands  opposed  under  the  difficulty  of  an  inge- 
nuity which  has  endeavored  to  obscure  the  line, 
and  an  opposition,  which,  1  trust,  you  will  dispas- 
sionately authorize  to  be  resisted  under  the  limita- 


*■■, 


1^ 


'i!. 

i''i 


ill 


'lii 


i; 


M 
I      I  il 


y 


w 


^ 


tations  of  a  cautious  and  prudent,  yet  decided 
policy. 

"  The  Government  of  the  State,  with  the  exem- 
plary moderation  always  creditable  and  necessary, 
has  for  years  refrained  from  the  exercise  of  many 
of  its  rights.  It  has  been  induced  to  do  so,  as  may 
be  inferred,  from  its  anxious  desire  to  accommo- 
date to  the  wishes  of  the  federal  administration,  ai\d 
its  disposition  to  avoid  collisions,  inevitably  un- 
fortunate, in  any  result.  At  the  same  time,  it  can- 
not abandon  its  obligations,  its  title  deeds,  and  its 
rights.  It  cannot  allow  the  citizens  to  be  incarce- 
rated in  foreign  gaols.  The  State  would  shrink 
most  dreadfully  under  the  shame  of  such  a  submis- 
sion. For  the  sake  of  being  fully  informed,  it  has 
for  several  years  solicited  the  documents  possessed 
by  the  general  government  in  relation  to  this  sub- 
ject. It  is  with  great  confidence  that  I  urge  its 
consideration  now,  inasmuch  as  all  that  has  been 
requested  has  been  supplied  agreeably  to  what  was 
understood  to  be  the  wish  of  the  last  Legislature. 
That  invaluable  mass  of  documents,  now  in  the 
Secretary's  Office,  and  the  copies  of  communica- 
tions between  myself  and  others  contain  nearly  all 
that  I  can  offer.  The  delicate  nature  of  the  sub- 
ject induces  me  to  ask  a  particular  examination  in 
reference  to  publication,  if  that  shall  be  proposed, 
yet,  there  is  no  wish  on  my  part  that  what  has  been 
written  by  myself  shall  be  disposed  of  in  one  way 
in  preference  to  the  other.  On  the  most  thought- 
ful revisal,  I  find  no  past  deviations  from  my  ex- 


*fiffTOTnif 


■f. 


m' 


21 


isting  sentiments,  and  am  bound  to  sustain  the  most 
rigorous  responsibility.  ■ 

"  Amidst  the  views  urged,  has  been  a '  primary 
one  of  that  nature,  requiring  its  being  submitted 
to  you  for  correction,  if  desired.  It  is  in  relation 
to  the  undefined  and  perhaps  undefinable  line  of 
rights  between  States'  and  United  States'  authori- 
ty, along  which  construction  is  constantly  urging 
disputed  claims,  and,  in  general,  1ms  much  the  ad- 
vantage in  irruptions  upon  the  States.  The  Ex- 
ecutive of  the  Union  has  been  considered  as  dis- 
posed to  submit  the  question  of  the  boundary  of 
Maine,  with  a  perfectly  friendly  intent,  but  with- 
out regarding  her  as  a  party,  to  the  umpirnge  of  a 
foreign  authority.  The  submission  itwelf  admits 
the  possibility  of  an  unjust  and  disastrous  decis* 
ion.  While  it  is  not  presumed  to  cast  a  shadow 
of  suspicion  on  the  integrity  with  which  that  au- 
thority may  be  exercised,  nor  upon  the  motives  of 
any  person  whomsoever,  it  has,  nevertheless,  been 
deemed  a  suitable  precaution  to  urge  the  following 
propositions.  It  cannot  be  arrogance  which  as- 
serts them  as  materials  of  a  monument  of  the  rights 
of  our  employers,  which  will  become  firm  by  time, 
when  properly  combined  and  cemented  by  your  re- 
flections. If  any  feeling  has  been  displayed  on 
my  part,  it  has  been  indulged  with  a  view  of  eli- 
citing results  which  it  waa  believed  would  be  sal- 
utary and  acceptable.  At  the  same  time  there 
has  been  no  intention  to  abandon  those  prudential 
considerations  entirely  consistent  with  a  free  as- 


1 


/ 


;ii 


iHt 


iii'  i 


''  i 


^ 


^ertioii  of  what  it  might  be  supposed  the  people, 
through  their  Representatives,  would  eventually  ap- 
prove and  sustain. 

"  At  the  period  of  forming  the  treaty  of  1783, 
Massachusetts  and  the  other  Colonics  were  inde- 
pendent of  each  other,  as  to  territorial  rights. 
The  United  States,  as  such,  did  not  exist. 

**  Although  the  colonies  constituted  common' 
agents  to  form  that  treaty,  the  territorial  rights  se- 
cured, did  not,  by  virtue  of  that  instrument,  accrue 
to  the  nation,  but  were  merely  acknowledged  una 
confirmed  by  it  to  the  existing  individual  corpora 
tions,  according  to  pre-existing  grants,.  crcF.  knds 
only  being  excepted. 

"  When  the  Union  of  the  States  was  framed,  in 
that  happy  arrangement  we  are  still  permitted  to 
witness,  and  which  created  a  general  guardianship, 
without  extinguishing  a  particular  independence, 
the  compact  left  Massachusetts  the  Proprietor,  as 
one  party,  in  severalty  of  all  her  soil.  She  held  it 
fully  with  undiminished  interest,  and  has  conceded 
her  jurisdictional  control  only  by  that  magnani- 
mous act,  usually  called  the  Separation,  which  re- 
ceived validity  from  the  concurrence  of  Congress. 

"  The  Union  having  no  right  to  cede  the  terri- 
tory, the  treaty  making  power,  as  only  a  constitu- 
■ent  part,  cannot  exercise  a  function  beyond,  the 
grasp  of  the  delegated  powen  <  vt  r  «^^he  who^"  noi*, 
indirectly,  by  an  umpire,  di  v^at  u  could  not  ac- 
complish without ;  that  is,  consent  to  the  alienation, 
or  the  possibility  of  an  alienation  of  territory,  which 


■;:i 


HiiiL » 


.  "    as 

■-'  ■    "  '^^  -   ^      S' 

1  will  show  is  solemnly  acknowledged  through  tho 
President,  to  be  ours. 

**  It  has,  therefore,  been  believed  to  be  due  this 
State  to  advance  the  doctrine  that  the  submission 
of  its  boundary,  to  an  umpire,  unknown  to  herself, 
and  upon  terms  not  confided  to  her  consideration, 
will  leave  her  at  liberty  to  act  upon  the  result  as 
to  the  country  and  herself  may  be  dictated  by  the 
most  just  and  patriotic  inclinations.  Yet  if  it  be 
true  that  the  fifth  article  of  the  Treaty  of  Ghent 
has  involved  much  of  federal  authority,  beyond  the 
limits  which  many  eminent  statesmen  have  con- 
tended to  be  the  true  ones,  as  the  treaty  exists,  the 
delicacy  of  the  case,  in  relation  to  public  faith,  ought 
to  have  some  influence  upon  our  assertion  of  our 
claim,  although  an  entire  concession  cannot  be  ex- 
pected. It  ought  to  be  distinctly  understood  that 
there  is  a  perfect  harmony  of  sentiment  with  the 
federal  administration  in  a  most  essential  particu- 
lar, in  regard  to  which  the  language  of  Mr.  Clay, 
the  Secretary  of  State,  is  calculated  to  be  highly 
satisfactory.  It  is  as  follows  :^  The  Government  of 
the  United  States  is  fully  convinced  that  the  right  to 
the  territory  is  with  us  and  not  with  Great  Britain, 
The  convictions  of  Maine  are  not  stronger  in  respect 
to  the  validity  of  our  title,  than  are  those  which  are 
entertained  by  the  President." 

"  Whatever  may  be  the  character  of  the  proposed 
umpirage,  it  seems  necessary  to  adopt  some  rule  of 
procedure  as  to  the  duties  to  be  discharged  before 
its  results  shall  bci  known,  and  I  cannot  but  hope 


/^ 


I'll 


il 


I'ljj 

I 

I 


M.lll 


24 

to  learn  from  you,  in  some  way,  what  measures  you 
will  consider  to  be  proper,  if  such  acts  as  that  of 
the  arrest  and  incarceration  of  Baker  shall  be  re- 
peated. There  will  be  no  wish  to  go  beyond  your 
direction,  nor  to  fall  short  of  it;  and,  thus  far, 
while  the  object  has  been  to  give  no  assent  to  injus- 
tice, there  has  been  a  steady  view  to  your  contem- 
plated consultations  and  probable  commands.  It 
was  an  arrest  which  the  testimony  seems  to  me  to 
condemn ;  yet  it  cannot  but  be  hoped  that  the 
neighbouring  government  will  place  right  the  hasty 
acts  of  unthinking  agents,  and  that  we,  expecting 
that  generous  conduct  which  springs  from  the  cha- 
racter of  an  Englishman,  should  not  suddenly  and 
unnecessarily  engage  with  him  in  contentions. 
\Yhile  we  were  acquiescing  in  the  abeyance  of  our 
rights,  as  connected  only  with  property,  the  call 
for  interposition  was  not  imperative,  but  when  un- 
authorized power  was  applied  to  the  persons  of  our 
citizens  along  the  Aroostook  and  in  other  places, 
it  seemed  proper  to  ascertain  the  facts,  in  order  to 
submit  them  to  your  consideration  and  to  that  of 
Massachusetts  and  the  nation,  both  of  which  will 
feel  an  interest,  not  only  in  the  protection  of  our 
fellow  citizens  in  Maine,  but  in  the  other  relations 
of  the  subject.  A  letter  was,  therefore,  sent  to  the 
Lieutenant  Governor  of  New  Brunswick,  contain- 
ing a  request  that  he  would  cause  information  of 
the  facts  relating  to  the  arrest  of  Baker,  to  be  re- 
turned. While  in  his  reply  he  acknowledged  in 
favourable  terms,  the  amicable  dispositiou  professed 


1,2 
'liiiL. 


w 


by  ^ni  |0veniiiii»iijt,  so  far  hb^^ob  t]^e  occafiion^  i% 
WM  |Pepi6aeii|ed«^^M  dediQ64;|o  mdke  the  explana- 
tioM  nt^iumv^kimff^^fmi  t»0c^,yriih  whom,  be 

it  difMiiiiv  1%  mmmf>f^^^  mrn^  whimm^» 

half  i^aiOiiL 

to  4^Dlm  Oift  kidS^^  wiMch  aU  liaise  fi|ipeared 
to  eonuto  ij^B^piJ^e.  Fmm  wl^t  Iftut  transpired 
tbem  if  no  do^bt  ip  my  mind  of  tbe  intention  of 
tho  fOVoniiiiMit  of  M^rBmnipiek  to  extend  its 
jmlidictiott  Mid  to  confirm  it,  if  possible,  o?er  the 
vModiipBted  lemtory. 

**  I  cannot  but  profess  to  you  this  dispositton  on 
my  own  pprt,  subject  to  your  direct^'  ,  to  offer 
iomo  difficiulties  against  such  a  course ;  but  it  is 
not  to  be^  doubted,  that  the  United  States'  govet n- 
ment  and  that  of  Great  Britain,  will  perceive,  on 
being  furnished  the  facts,  that  the  government 
of  ^w  Brunswick  has  advanced  beyond  the  line 
of  tenable  ground,  and  seems  not  to  have  listened 
to  those  recommendations  of  mutual  forbearance, 
which  have  been  rung  so  loud  that  we  did  not  no- 
tice its  invasions. 

'<  Another  of  the  objects  of  the  mission  of  Mr. 
Daveii  was  to  obtain  the  release  of  Mr.  Baker, 
whoio  arrest  was  thought  to  be  not  only  cogniza- 
ble by  the  United  States,  but  by  the  particular 
State  of  which  he  is  a  citizen.  His  confinement 
in  the  goal  at  Frederickton  was  an  act  of  power, 
wbiob,  considering  the  nature  of  the  facts  as  far  as 


>x 


Ijili 

ill 

illli; 


I!   li 


!i 


•!1 


iir!!!^ 


26 


;■*; 


y 


developed,  required  early  attention,  and  the  course 
pursued  was  accordingly  adopted,  not,  however, 
without  a  careful  examination  of  principles  and 
precedents.  If  you  shall  think  the  measure  as  in- 
volving any  excess,  in  the  exertion  of  State  power, 
it  would  seem  to  he  desirable  not  to  allow  it  to  pass 
without  the  expression  of  your  dissent,  which  would 
be  received,  on  my  part,  with  the  utmost  respect 
and  deference.  v^ 

"  The  Minister  Plenipotentiary,  of  his  Britannic 
Majesty  has  communicated  to  Mr.  Clay,  what  are 
called  by  the  former  *  sufficient  proofs  of  the  decid- 
ed resolution  of  his  Majesty's  Lieutenant  Governor 
of  New  Brunswick  lO  maintain  the  disputed  terri- 
tory in  the  same  state  in  which  his  Excellency  re- 
ceived it  after  the  conclusion  of  the  treaty  of 
Ghent.  It  certainly  would  not  bo  desirable  to  put 
his  Majesty's  Lieutenant  Governor's  decided  reso- 
lution to  the  test  on  this  point,  but  it  may  be  im- 
peratively required  to  determine  how  far  the  treaty 
of  Ghent  and  previous  actual  jurisdiction  may 
sanction  his  authoritative  approaches  beyond  the 
terms  of  that  treaty,  without  a  reasonable  expostu- 
lation, not  however  to  be  followed  by  any  unneces- 
sary resort  to  forcible  resistance. 

**  It  is  not  to  be  anticipated  that  the  deplorable 
event  of  a  war  with  Great  Britain  may  not  occur 
again.  If  that  melancholy  result  of  human  frailty 
shall  be  produced,  the  situation  of  Maine  will  re- 
quire great  resolution  and  activity.  The  concen- 
tration of  the  British  forces  with  the  view  of  divid- 


i.il!Ui» 


ingthe  Union,  by  an  occupation  of  New  York,  will 
not  be  attempted  again,  but  the  seaboard  and  the 
interior  frontier  of  Maine  will  be  the  one  a  line  of 
roaratime  invasion,  and  the  other  of  excursions  and 
incursions  according  to  the  emergencies  relating  to 
our  defence.  The  effort  will  be  probably  to  cut 
off  this  State,  or  at  least  for  this  we  ought  to  be 
prepared,  so  as  not  to  admit  any  repetition  here  of 
such  scenes  as  occurred  during  the  last  war.  It 
would  appear  to  be  proper  to  solicit  of  the  general 
government  the  erection  of  some  strong  fortresses  on 
our  interior  frontier.  Its  own  disposition  and  the 
obvious  utility  of  works  so  situated,  in  anticipation 
of  others  where  the  country  is  better  guarded,  would, 
it  may  be  hoped,  assure  to  a  representation  of  this 
nature,  a  favourable  reception."  ^  ;'er> 

The  Committee  aforesaid  ask  leave  to  observe, 
they  are  unable  to  perceive,  that  there  is  any  thing 
uncertain  in  our  claim,  arising  out  of  any  obscurity 
in  tiie  treaty  of  1783,  or  any  of  the  documentary 
evidence,  or  arguments  and  discussions  which  led 
to  the  description  of  the  boundary  therein  contain- 
ed ;  nor  are  they  informed  that  the  government  of 
Great  Britain,  or  any  of  their  negotiators  ever 
claimed  the  northern  part  of  this  State  as  a  right, 
but  requested  it  as  a  cession  ;  it  is  therefore  con- 
cluded, that  their  strong  and  persevering  endea- 
vours to  excite  doubts,  and  embarrass  the  subject, 
are  elicited  by  the  zeal  of  their  essayists,  and  their 
subordinate  agents,  or  negotiators,  who,  while 
they  recommend   themselves  to  the   mother  go- 


/ 


11  f 


M'i 


('I 


i   r 


!    'Ill 


vernment,  as  zeiibnsr,  loyal  sobjeetsrj  and  faithfiil 
agents,  are  disposed  at  the  same  time  to  gratify 
other  feelings,  arising  from  other  causes,  -^^^^f^^: 

This  subject  has  on  several  occasions  occupied 
the  attention  of  the  government  of  this  State,  and 
has  been  the  subject  of  reports,  and  resolves,  and 
all  may  have  been  done  which  the  state  of  know- 
ledgeon  that  subject  rendered  proper,  or  the  occasion 
required.  The  subject  is  now,  from  a  variety  of 
considerations,  assuming  a  more  interesting  cha- 
racter. Such  is  the  state  of  public  inquiry,  that  it 
may  be  expected  of  this  Legislature,  that  they  will 
fairly  and  candidly  spread  the  evidence  of  title, 
and  the  subject  of  controversy,  before  the  people, 
to  the  end  that  they  may  see,  examine,  and  reason 
for  themselves,  and  form  their  own  conclusions. 
This,  however,  would  be  deemed  unnecessary, 
were  it  not  the  fact,  that  what  is  said,  and  much  of 
the  dotmmentary  evidence  touching  the  boundaries 
of  the  provinces,  prior  to  the  treaty  of  1783,  is  in 
the  hands,  and  within  the  reach  of  very  few.  -»    " 

With  a  view  therefore  of  spreading  the  evidence 
of  our  title  fairly  before  the  people  of  this  State, 
and  by  the  same  means,  before  the  people  of  the 
United  States  and  the  world ;  it  is  proposed,  to 
pursue  generally  the  cronological  order  of  events, 
noticing  particularly,  such  as  nave  any  direct  rela- 
tion to  the  subject,  and  incidentally,  such  as  tend 
chiefly  to  show  the  connection  between  them. 

The  discovery  of  America  produced  an  excite- 
ment, and  a  spirit  of  maratiine  enterprize  among 


iair';(,„ 


J-^' 


■:    .M 


29 


the  nations  of  Europe. — Cabot  sailed  in  1487  under 
the  orders  of  Henry  VII.  of  England,  and  discover- 
ed Newfoundland,  and  North  America,  and  coasted 
from  Labrador  to  Florida.  The  spirit  of  discovery 
thus  early  excited  in  England,  subsided,  and  was 
not  revived  for  many  years.  The  French  prose- 
cuted voyages  of  discovery  to  North  America,  and 
as  early  as  1635  attempted  a  settlement  on  the  St. 
Lawrence.  From  this  period  the  voyages  of  the 
Europeans  to  the  Northern  parts  of  North  America, 
were  principally  confined  to  the  fisheries,  and  to 
the  prosecution  of  a  trade  in  furs,  with  the  Na- 
tives, and  it  was  not  until  1604,  that  any  settle- 
ment was  commenced  which  became  permanent. 

In  1603,  Henry  Fourth  of  France,  granted  to  De 
Monts,  all  the  Country  in  North  America  between 
the  fortieth  and  forty-sixth  degrees  of  North  Lati- 
tude, by. the  name  of  Acadie.  De  Monts,  to  se- 
cure to  himself  the  benefits  of  his  Grant,  with 
Champlain  and  other  adventurers,  fitted  out  ves- 
sels and  saiiled  for  America ;  they  first  touched  on 
the  eastern  coast  of  the  grant — then  sailed  round 
Cape  Sable  to  the  bay  of  Fundy,  touched  at  Port 
Royal,  now  Annapolis,  at  the  St.  John,  which  river 
they  sailed  up  some  distance,  and  thence  followed 
the  coast  to  the  mouth  of  a  river,  which  they  af- 
terwards called  St.  Croix,  where  upon  a  small 
island  they  erected  houses  and  defences,  and  es- 
tablished themselves  for  the  winter.  In  the  spring 
they,  for  some  cause  determined  on  quitting  the 
island,  and  took  what  they  could  of  the  materiaU 


ill 


Ij 


II 


i  ! 
i  i ' 


Hf 


^'H: 


;^' 


\l 


ill 


I'll 


^ 


:-;ki.:M: 


of  the  buildings,  ftnd  moved,  and  established  them- 
selves at  Port  Royal,  where  they  lived  and  prose- 
cuted the  business  of  their  settlement  for  several 
years.  -^^nkm^^^^^m^m^'im^W^- 

In  1607  the  British  commenced  a  settlement  in 
Virginia,  which  became  permanent.  As  early  as 
1613,  for  the  purpose  of  getting  rid  of  their  neigh- 
bours, who  might  at  some  future  period  annoy 
them,  as  well  as  for  asserting  their  claim  to  the 
whole  country,  and  appropriating  it  to  themselves 
or  the  British  government,  they  fitted  out  a  small 
expedition  under  Sir  Samuel  Argall  to  dislodge  the 
Frencii  in  Acadie.  Sir  Samuel  dislodged  the 
French  at  Mount  Desert,  destroyed  all  which  De 
Monts  had  left  on  the  Island  where  he  first  winter- 
ed, and  captured  the  French  at  Port  Royal.  Some 
of  the  French  went  to  Canada,  and  some  united 
with  the  natives.  The  expedition  was  attended 
with  no  important  result,  further,  than  it  probably 
suggested  to  Sir  William  Alexander,  the  idea  of 
obtaining  a  grant  of  the  Country — and  therefore 
after  companies  had  in  England,  obtained  grants 
of  various  parts  of  North  America,  to  which  they 
gave  their  favourite  names,  such  as  Virginia  and 
New  England,  he  obtained  a  grant,  which,  from 
its  relative  situation  to  New  England,  or  to  per- 
pe*v:.ate  the  name  of  his  native  country,  he  called 
Nova  Scotia.* 

The  grant  was  made  in  1621  by  James  I.  and 

*  See  Appendix. 


■■>f%,V4ii  VJi^^^Si 


contfiiii^d  *VaU  th<^  Jands  of  the  continent  from 
Ci^p^%]i>|i9r  thence,  ^ong  the  coast  of  St.  Mary's 
Bay),  thence  across  the  bay  of  Fundy  to  the  river 
St.  Croix,  to  its  remotest  spring  head,  thence  by 
an  imaginary  Une -northward  to  the  river  St.  Law- 
rence, thence  by<^tl|^  shores  of  the  river  to  the 
haven*  or  shore  commonly  called  Gaspe,  and  thence 
so^thward,  &.c.  Sjir  William  seems  to  have  engaged 
with  some  zealy  and  incurred  great  expense  in  fit- 
ting out  two.  vessels  to  take  possession  of  and  set- 
tle his  grant ;  but  all  his  efibrts  produced  little  or 
no  effect,  and  be  abandoned  it,  and  in  1630,  sold 
a  part,  or  all  of  his  grant  to  La  Tour,  a  subject  of 
France.  In  the  year  1628  or  9,  Canada  and  Aca- 
die  were  both  captured  by  the  British,  and  were 
;  restored  in  1632  by  the  treaty  of  ^t.  Germains. 
^In  1652,  the  British  fitted  out  an  expedition  and 
)ok  possession  of  Penobscot,  St.  John,  Port  Roy- 
il,  and  several  other  places.  In  1655  a  treaty  of 
Icommeice  :^as  entered  into  between  the  French 
fahd  Britisl^,  and  the  question  of  title  to  Acadie 
I  was  reierr<;^(l;  tc|  Commissioners.       >  i^ifc^-ii^s* 

^In  166^  Charles  II.  granted  to  his  brother  the 
Duke  of  York,  the  country  called  the  Duke  of 
{York's  territory,  next  adjoining  New  Scotland,  and 
extending  from  the  river  St.  Croix  to  Pemaquid, 
and  up  the  river  thereof  to  the  furthest  head  of 
the  samQ  as  it  tendeth  northward  ;  and  extending 


See  Appendix. 


Appendix  2. 


if"*' 


i 

HP' 

■■HK  f 

W  \ 

i 
i ; 

! 

1! 

1 

Wsmt  " 

j 

r     '         .1 

1  ■  ! 

r       j 

1 
i 

1 

ij 

i^ 

{'        '  l\ 

III 

1 

i 
j 

.      i 

i 

1             ■  ■ ; 

i       i  1 

Ii! 

i  1 , , 

1:       ^i 

1': 

it 

■(' 

■      1 ' 

!'       ■■-V'", 

»*',i. 

■ 

.; 

■I 

» 

:             i 

1   :i! 

■  if 

■ 

] 

a 

1         'I 

!      ,        Ml 

1 

j'!:liJ 

1         !■'  M 

1  '■ 

* 

!              . 

i^<Mrtest  eooM  Id  lli^ 

ieet«»i^d  tb  Fmtic0«  4iii 
<yut,  aad  th6  fdNinff 
eonqii43r^  Part 

*  ♦Oct.  7*  16&1|  %  th# 
Mar}^,  the  tea)  Pliviiiie« 
erectedj  con^is 

trictof  Maine,  and  aHtfa!»t«ri|lQi|^ 

Sftga4aiiock^  und  everjr'iifM^^M 

onceHi>e  t>erceived,  that^tb^  piiMi^i^Qe&  of  1^^ 
chusetts  Bay  wa»  in  thd^^iios^Mi  |ift^ 
%eiSt  by  i line  drawn  ndH^  #ofli#e  w«pt«ipi9i#6t 
head  of  the  waters  of  the  Sagadahock^to?  t|)«^iii!er 
St.  Lawrence,  north  by  the  rii% 
teast  and  sodth  by  the  Atkmt^ 
ter  contained  a  limitation  in  th#||iij|piiie^^  the 
g^antiilg  power,  as  to  aH  the  tract le^<M^try  lying; 
beydtid  the  Sagadahock,  bat  it  contained  no  <]fther 
Htnitatidns  to  its  exercise  of  sovereign  power,  which 
were  not  contained  in  aN  other  ch&rters  gran^ng 
powers  of  or  establishing  governments.      Massa- 1 
chusetts  exercised  some  acts  of  jurisdiction  over 
Nova  Scotia,  appoined  some  civil  and  other  of- 

''''''■ft'  v;**^  :-.;  >    *  Appendix  3.       *:•  ^!^  ■"- 


'V 


I  i 


33    , 

ficers,  but  it  being  so  distant,  and  she  having  so 
many  other  posts,  and  such  extent  of  otb*»v  fron- 
tier to  defend,  and  the  expense  being  so  great, 
which  she  must  incur  for  her  protection  against 
the  assaults  of  the  French  and  natives,  that  she 
was  not  soUcitous  to  retain  it,  and  in  the  course  of 
a  few  years  gave  it  up,  and  the  British  Government 
made  it  a  separate  province. 

In  1697,  by  the  treaty  of  Ryswick,  Acadie  was 
again  restored  to  the  French.     In  1702,  war  was 
again  declared  between  France  and  Great  Britain, 
and  Acadie  in  the  course  of  the  war  was  again 
captured  by  the  British,  and  was,  in  1713,  by  the 
[treaty  of   Utrecht,  ceded  by  the   French  to  the 
iBritish   by  the  description  of  Nova  Scotia,  other- 
|wise  called  Acadie,  according  to  its  ancient  lim- 
its, with  some  reservations  of  islands,  such  as  Cape 
Ireton  and  the  islands  in  the  St.  Lawrence  which 
rere  not  ceded.     For  many  years  Nova  Scotia  or 
lAcadie  thus  ceded,  seems  not  to  have  engaged 
[much  of  the  attention  of  the  British  Government. 
They  did  in  1719,  appoint  Richard  PhiHips  gov- 
ernor,* who,  for  want  of  subjects,  had  to  select  his 
I  council  from  his  garrison.     The  French  inhabitants 
lived  in  a  state  of  independence,  without  acknow- 
ledging the   right  or  authority  of  the  British  colo- 
nial government ;   and   the   object  of  the   British 
seems  to  have  been  to   keep   possession  of  the 
country,  to  the  end,  that  they  might  hold  it,  and 


Appendix  4. 


^/^■y 


\hM''i\ 


ill'! 


ill 


I 


•'  i 


s 


;;       I; 


;  -  34        '    . 

extinguish  the  claim  of  France.  By  the  treaty  of 
Aix  la  Chapelle  in  1745,  commissioners  were  pro- 
vided to  be  appointed,  to  settle  the  boundaries  of 
Nova  Scotia  or  Acadie,  as  ceded  by  the  treaty  of 
Utrecht,  about  the  limits  of  which,  the  British 
and  French  could  not  agree.  Col.  Cornwallis  was 
made  Governor  of  Nova  Scotia  or  Acadie*  in 
1749,  and  came  with  soldiers  of  the  late  army  and 
others,  between  three  and  four  thousand,  and  set- 
tled and  built  the  town  of  Halifax.  '='  ' 
Commissioners  provided  to  be  appointed  by  the 
treaty  of  Aix  la  Chapelle  were  appointed  in  1750, 
and  began  and  continued  their  discussions  for 
some^  years,  the  British  contending  for,  and  endea- 
vouring to  maintain  one  construction  of  the  treaty 
of  Utrecht,  and  the  French  another  construction. 
The  discussions  were  broken  off  by  the  war  of 
1756.  The  treaty  of  Paris,  of  February  10,  1763, 
which  terminated  the  war  of  1756,  ceded  both 
Canada  and  Nova  Scotia  lo  the  British  in  full  so- ' 
V^reignty.  At  this  time  the  power  of  the  French 
became  extinct,  and  they  never  made  any  subse- 
quent effort  to  regain  it.  Until  this  period,  al- 
though with  the  British,  Nova  Scotia  had  been  the 
subject  of  grants,  of  conquests,  and  cessions,  they 
always  recognised  the  St.  Lawrence  as  its  northern 
boundary,  never  extending  their  claim  beyond,  or 
stopping  short  of  it.  When  Canada  became  a 
territory  of  Great  Britain,  it  became  necessary  for 


*  Appendix  5. 


■#; 


A 


"m^^ 


35 


her  to  establish  a  government  for  it,  and  tiie  Kin^ 
for  that  purpose,  by  his  Proclamation  of  the  7th  of 
October,  1763,  among  other  governments,  ostablish- 
ed  the  government  of  Qu^bec,^  bounded  as  fol- 
lows: *<on  the  Labrador  coast  by  the  river  St 
John,  and  from  thence,  by  a  line  drawn  from  the 
head  of  that  river,  through  the  lake  St.  John,  to 
the  south  end  of  Lake  Nipissim,  from  whence  the 
said  line,  crossing  the  river  St.  Lawrence,  and  the 
lake  Champlain,  in  45  degrees  of  north  latitude, 
passes  along  the  high  lands  which  divide  the  rivers 
that  empty  themselves  into  the  said  river  St.  LaW' 
rencefrom  those  which  fall  into  the  sea^  and  also 
along  th^  north  coast  of  the  bay  des  Ghaleurs,  and 
the  coast  of  the  gulf  of  St.  Lawrence  to  Cape 
Hosiers,  and  from  thence  crossing  the  mouth  of 
the  river  St.  Lawrence,  by  the  west  end  of  the 
island  Anticosti,  terminates  at  the  aforesaid  river 
St.John."t 

From  this  description  it  is  evident,  that  it  was 
the  intention  of  the  crown,  in  establishing  the 
Province  of  Quebec,  to  embrace  within  its  terri- 
tory, after  passing  Lake  Champlain,  the  sources 
of  all  the  streams  which  flowed  into  the  St. 
Lawrence,  and  for  that  purpose,  thd  most  fit  and 
appropriate  words  are  adopted.  It  cannot  be  sup- 
posed that  it  was  intended  by  this  description,  that 
the  line,  as  it  run  eastward  from  lake  Champlain, 
was  to  pursue  a  range  of  mountains,  or  to  run 


Appendix  (>. 


t  Appeiulix  (). 


■I- 


36 


from  peak  to  peak  of  the  highest  mountains,  be- 
tween the  river  St.  Lawrence  on  the  one  hand, 
and  the  Atlantic  Ocean  on  the  other.  The  line 
was  the  high  lands,  What  high  lands  P  The  high 
lands  which  divide  the  waters ;  any  land  therefore 
of  any  elevation,  whether  plains  or  mountains,  hills 
or  dales,  which  are  at  the  sources  of  the  respec- 
tive rivers,  flowing  into  the  St.  Lawrence  and  the 
sea,  are  the  high  lands  by  the  proclamation  in- 
tended, and  the  most  apt  words  are  used  to  de- 
scribe them.  This  line  leaves  all  the  waters  of 
the  Connecticut,  Androscoggin,  Kennebec,  Penob- 
scot, St.  John  and  Ristigouche,  falling  into  the  sea 
on  one  hand,  and  the  streams  flowing  into  the 
lake  Memphremagog,  and  through  it  into  the 
river  St.  Lawrence,  the  Chaudierre,  the  Quelle, 
Green,  Metis,  and  many  other  rivers  falling  into 
the  river  St.  Lawrence  on  the  other.  The  line, 
it  will  be  observed,  pursues  the  northern  coast  of 
the  bay  of  Chaleurs,  and  not  the  middle  of  the 
bay  ;  there  cannot  be  any  pretence  therefore,  that 
the  river  Ristigouche  was  within  the  meaning  of 
this  proclamation,  a  river  flowing  into  the  St. 
Lawrence,  but,  on  the  contrary,  it  is  clearly  a 
river  falhng  into  the  Atlantic  Ocean.  s     .  t 

Prior  to  this  proclamation,  the  provinces  of 
Massachusetts  Bay  and  Nova  Scotia  were  bound- 
ed north  by  the  river  St.  Lawrence ;  the  procla- 
mation varied  the  boundary  by  transferring  it, 
from  the  shores  of  the  river  St.  Lawrence,  to 
the  sources  of  the  rivers  which  emptied  themselves 


b    i'ii    :s#- 


'l';i 


I  iJiilillii^lii 


•♦  ' 


i 

^ 


T- 


'-'v-:i*.i 


into  it ;  and  the  aforesaid  provinces  were  then 
bounded  north  by  the  same  line,  to  wit,  the  range 
of  land,  be  what  it  might,  high  or  low,  in  which 
th9  rivers  respectively  had  their  sources,  leaving 
the  fivers  St.  John  and  Ristigouche  partly  in  the 
province  of  Massachusetts  Bay,  and  partly  in  the 
province  of  Nova  Scotia,  the  sources  being  in  the 
fp^er,  and  the  mouths  in  the  latter  province. 
This  line  has  not  since  been  altered,  except  be- 
tween lake  Champlain  and  Connecticut  river, 
where,  instead  of  pursuing  the  high  lands,  it  was 
fixed  to  the  parallel  of  forty-five  degrees  north  lat- 
itude. •     •  - .  ;    ,  .       .  "iv:-.  ^.^!,^<^'?d^^f 

^The  lino  thus  established  by  proclamation,  has 
often  since  by  the  acts  of  the  Crown  and  Parlia- 
ment of  Great  Britain,  been  recognized.  October, 
1763,  in  the  commission  to  Montague  Wilmot,  re- 
voking the  commission  to  a  former  governor,  and 
constituting  him  to  be  Captain  General  and  Com- 
mander in  Chief  of  the  Province  of  Nova  Scotia, 
is  the  following  description  of  boundary  :  "  Bound- 
ed on  the  westward  by  a  line  drawn  from  Cape 
Sable  across  the  entrance  of  the  bay  of  Fundy  to 
the  mouth  of  the  river  St,  Croix,  by  the  said  river  to 
its  source^  and  by  a  line  drawn  north  from  thence  to 
the  southern  boundary  of  our  Colony  of  Quebec ;  to 
the  northward  by  the  said  boundary ,  as  far  as  the  wes- 
tern extremity  of  the  bay  des  Chaleurs,  ^c."    . 

^Inthe  commission  to  William  Campbell,  in  1767, 


*  Appendix  8. 


Appendix  9. 


'1  ill 


'ii! 


;>!! 


'li^ 


i    'ii>;i 


38 

there  is  the  same  description  of  boundaries  of  the 
Province  of  Nova  Scotia,  and  the  same  are  again 
repeated  in  the  commission  to  Francis  Leggee  in 
1771.  The  proclamation  of  1763  was  farther  re- 
cognized and  confirmed  by  the  act  of  Parliament 
of  the  14th  of  George  III.  by  which  it  is  enacted, 
<<  that  all  the  territories,  islands,  and  countries  in 
North  America,  belonging  to  the  crown  of  Great 
Britain,  bounded  on  the  south,  by  a  line  from  the 
bay  of  Chaleurs,  along  the  highlands  which  divide 
the  rivers  that  empty  themselves  into  the  St.  Law- 
rence, from  those  which  fall  into  the  sea,  to  a  point 
in  forty-five  degrees  of  northern  latitude,  on  the 
eastern  bank  of  Connecticut  river."*  The  limits 
of  the  several  provinces  were  the  same  at  the 
time  of  concluding  the  treaty  of  1783. 

The  question  may  well  be  asked,  where  was  the 
northwest  angle  of  Nova  Scotia,  and  the  northectst 
angle  of  the  province  of  Massachusetts  Bay,  be- 
fore the  treaty  ?  Had  Nova  Scotia  two  northwest 
angles  ?  It  has  already  been  shown  by  the  charter 
to  Sir  William  Alexander,  that  the  northwest  an- 
gle of  his  grant  was  on  the  shore  of  the  river  St. 
Lawrence,  and  although  by  the  charter  of  William 
and  Mary,  in  1691,  it  became  a  part  of  the  pro- 
vince of  Massachusetts  Bay,  when  it  was  after- 
wards separated  from  it,  its  boundaries  were  the 
same  as  before,  and  its  northwest  angle  still  on 
the  shores  of  the  St.  Lawrence.     Here  iihe  angle 

*  Appendix  10. 


^>W  ■"' 


romainod  fixed  and  stationftry  until  1763,  when  the 
boundcries  were  transferreci  from  the  shore  to  the 
land  from  which  the  streaato  feUin^  into  the  river 
St.  Lawrence  flowed  and  iad<  their  aource.  Nova 
Scotia  had  therefore  hfM  ofie^^tiiorthwest  angle. 
Here  the  line  became  fiied  and  permanent,  and 
on  this  line*  and  to  the  ndMhward  of  the  heads  of 
all  the  itreams  which  dict^not  flow  into  the  river 
St.  Lawrence,  was  the  vnrthwest  angle  of  Nova 

Scotia.*   •-■  '  "#5%^  •  ■':>\  ■ 

When  the  boundaries  6elireeu  the  provinces  of 
Quebec  and  Massachusetts  Bay,  were  thus  clearly 
defined  and  limited  to  thatf:range  of  land,  in  which 
the  streams  falling  into  thA  Sli  Lawf enee  at  the 
northward,  and  the  St.  Johd^at  the  soujliwajd,  and 
continued  easterly  to  the  head  of  the  liayof  Chal- 
eurs,and  south  westward  ly  to  the'lieftd  of  Connecti- 
cut river ;  and  when  the  bouadnry  between  the  pro- 
vinces of  Nova  Scotia  and  MasseCchusetts  Bay 
were  thus  clearly  defined  alMl^limited  to  the  river 
St.  Croix,  and  a  line  drawn  north  from  it  to  the 
aforesaid  range  of  land,  the  boundary  of  the  go- 
vernment of  Quebec ;  the  repeated  acts  of  arbi- 
trary power  exercised  by  Great  Britain  towards 
the  provinces  comprising  the  thirteen  United  States, 
caused  them  to  assert  their  rights ;  they  maintain- 
ed them  successfully  ;  and  to  terminate  the  unpro- 
fitable struggle.  Great  Britain  acknowledged  their 
existence  as  an  independent  nation.  When  their  ex- 


*  Sec  Appendix. 


II 


II! 


i;' 


'•'•I 


,1  I 


I  ! 


% 


Vl 


m 


istence  as  an  indepeiidjetit  nation  was  thus  secured, 
it  became  necessary  fof  the  two  nations,  to  pre- 
vent new  and  unprofitable  contests,  to  fix  and  es- 
tablish boundaries  between  themselves.  This  was 
first  done  in  the  provisiofial  articles  of  peace  con- 
cluded at  Paris,  November  30,  1782,  and  by  the 
provisions  of  that  institliBiie;  t.  were  incorporated 
into,  and  became  a  part  t)f  the  definitive  treaty  of 
Peace  concluded  at  Parili,  September  3d,  1783. 

The  acknowledgment -^f  independence,  and  the 
boundaries  established,  ale  described  as  follows,  to 
wit : — 

"Article  IsttS  His  Britannic  Majesty  acknow- 
ledges the  said  rtfitWii  States,  to  wit.  New  Hamp- 
shire, Massiachusettsi  Rhode  Island  and  Providence 
Plantations,  C6nnecticut,  New  York,  New  Jersey, 
Pennsylvania,  Delaware,  Maryland,  Virginia,  North 
CaroliDa,  South  Carolina  and  Georgia,  to  be  free, 
sovereign  and  independent  States;  and  that  he 
treats  with  them  as  siieh  ;  and  for  himself,  his  heirs 
and  successors,  relinquishes  all  claims  to  the  go- 
vernment, propriety,  and  territorial  rights  of  the 
same  and  every  part  thereof.  And  that  all  dis- 
putes which  might  arise  in  future  on  the  subject 
of  the  boundaries  of  the  said  United  States  may 
be  prevented,  it  is  hereby  agreed  and  declared 
that  the  following  are  and  shall  be  their  boundaries, 
to  wit : 

"  Article  2.  From  the  northwest  angle  of  Nova 
Scotia^  to  wit,  that  angle  which  is  formed  by  a  line 
drawn  dnc  north  from  the   source  of  the  St.  Croix 


't 


"rh 


r        ».<.•:  • 


K  Si.  Croix 


41 

river  to  the  highlands,  along  the  said  high  lands 
which  divide  those  rivers  that  empty  themselves  into 
the  St.  Lawrence  from  those  which  fall  into  the  At- 
lantic Ocean,  to  the  northwesternmost  head  of  Con- 
necticut river,  thence  down  along  the  middle  of 
that  river  to  the  forty-fifth  degree  of  north  latitude  ; 
from  thence  by  a  Une  due  west  on  said  latitude  un- 
til it  strikes  the  river  Iroquois  or  Cataraguy ; 
thonco  along  the  middle  of  said  river  into  Lake 
Ontario,  t!irough  the  middle  of  said  lake,  until  it 
strikes  the  communication  by  water  between  that 
lake  and  lake  Erie ;  thence  along  the  middle  of 
said  communication  into  lake  Erie,  through  the 
middle  of  said  lake, '  until  it  arrives  at  the  water 
communication  between  that  lake  and  Huron ; 
thonco  along  the  middle  of  said  water  communi- 
cation between  that  lake  and  lake  Superior;  thence 
through  lake  Superior,  northward  of  the  isles 
Royal  and  Philipeaux,  to  the  long  lake ;  thence 
through  the  middle  of  said  long  lake,  and  the  com- 
munication between  it  and  the  lake  of  the  Woods, 
to  the  said  lake  of  the  Woods ;  thence  through 
said  lake  to  the  most  northwestern  point  thereof; 
and  from  thence  on  a  due  west  course  to  the  river 
Mississippi ;  thence  by  a  line  to  be  drawn  along 
the  middle  of  the  said  river  Mississippi,  until  it  shall 
intersect  the  northern  most  part  of  the  thirty-first 
degroo  of  north  latitude.  South,  by  a  line  to  be 
drawn  duo  east  from  the  termination  of  the  line 
last  mentioned,  in  the  latitude  of  thirty-one  de- 
grees north  of  the  equator,  to  the  middle  of  the 


ill 


I   i 


*!»> 


iiii 


f  i 


42 


y 


river  Apalachicola  or  Catahouche ;  thence  along 
the  middle  thereof  to  its  junction  with  the  Flint 
river;  thence  straight  to  the  head  of  St.  Mary's 
river  ;  thence  down  along  the  middle  of  St.  Mary's 
river  to  the  Atlantic  Ocean.  Hast  by  a  line  to  be 
drawn  ahng  the  middle  of  the  river  St.  Croix,  from  its 
mouth  in  the  bay  ojFundy  to  its  source,  and  from  its 
source  directly  north,  to  the  aforesaid  high  lands,  which 
divide  the  rivers  that  fall  into  the  Atlantic  Ocean  from 
those  which  fall  into  the  river  St.  Lawrence,  compre- 
hending all  islands  within  twenty  leagues  of  any  part 
of  the  shores  of  the  United  States,  and  lying  be- 
tween the  lines  to  be  drawn  due  east  from  the 
points  where  the  aforesaid  boundaries  between  No- 
va Scotia  on  the  one  partf  and  East  Florida  on 
the  other,  shall  respectively  touch  the  bay  of  Fun- 
dy,  and  the  Atlantic  Ocean,  excepting  such  islands 
as  now  are,  or  heretofore  have  been  within  the 
limits  of  the  said  province  of  Nova  Scotia." 

The  first  article  describes  by  name,  the  several 
States  composing  the  United  States,  and  had  the 
treaty  stopped  here  without  describing  their  boun- 
daries more  minutely,  there  could  have  been  no 
doubt  but  that  all  the  territory  embraced  within 
the  charter  limits,  or  within  the  jurisdiction  of 
Massachusetts  Bay,  passed  by  that  description. 
Here  from  the  use  of  the  term  Massachusetts,  was 
an  evident  intention  to  conform  to  the  lines  as 
they  existed  before  the  treaty,  which  have  been 
already  shown,  from  the  documents  herein  before 
cited,  which  arc  of  that  clear   and  explicit  char- 


'•  .f 


^^^u- 


;,,,-:>:-■    \      1;-;.../ 


43 


acter  which  relieves  the  subject  from  all  uncer- 
tainty and  doubt.  ""  :  •    ^  -^ 

But  when  the  subject  is  still  farther  pursued 
and  the  boundaries  are  more  minutely  described, 
what  was  clear  before,  is  still  made  more  clear 
and  explicit.  To  be  more  particular — The  north-' 
west  angle  of  Nova  Scotia,  after  it  is  ascertained 
by  the  rule  given  in  the  treaty,  is  the  point  from 
which  the  northern  line  starts.  "  From  the  north- 
west angle  of  Nova  Scotia,  to  wit — that  angle 
which  is  formed  by  a  line  drawn  due  north  from 
the  source  of  the  river  St.  Croix  to  the  high 
lands." — Here  we  may  ask  what  angle  was  in- 
tended? Was  it  an  angle  to  be  formed  on  the 
side  line  of  the  province,  one  hundred  or  more 
miles  from  the  real  and  true  northwest  angle  of 
Nova  Scotia  ?  or  was  the  real  and  true  angle  of 
the  province,  at  the  point  where  its  western  line 
intersected  the  line  of  the  province  of  Quebec  ? 
The  true  construction  is  too  obvious  to  admit  a 
doubt.  It  is  perfectly  clear  from  the  plain  and 
most  natural  and  obvious  const  action  of  the  lan- 
guage used,  that  by  the  northwc  t  angle  of  Nova 
Scotia  was  truly  intended  the  nortii  vestern  extrem- 
ity of  that  province.  '         •**>  v.  ii*/^v#i*^%*«5*^i 

The  description  then  proceeds  "  along  the  said 
highlands  which  divide  those  rivers  that  empty 
into  the  river  St.  Lawrence  from  those  which  fall 
into  the  Atlantic  Ocean."  The  idea  that  the 
words  of  the  treaty  require  a  range  of  mountains 
to  form  the  line,  is  totally  false  and  absurd.     If  the 


<  < 


44 


l.ill^ 


'  'H 


commissioners^  intended  to  describe  a  line  pursuing 
the  highest  range  of  mountains  between  the  At- 
lantic on  the  one  hand,  and  the  river  St.  Law- 
rence on  the  other,  they  would  have  used  the 
terms  fittest  for  such  description,  and  riot  have 
used  the  words  which  plainly  and  distinctly  were 
intended  to  embrace  any  height  of  land,  from  the 
lowest  to  any  other  elevation,  provided  it  did  di- 
vide the  waters  falling  into  the  river  St.  Lawrence, 
from  those  falling  into  the  Atlantic  Ocean.  If 
mountains  were  found  there,  they  were  intended, 
if  there  were  no  mountains  or  hills,  and  the  lands 
only  ascended  gently  from  the  river  St.  Lawrence, 
and  again  descended  towards  the  main  streams 
falling  into  the  Atlantic,  constituting  in  fact  a  long 
and  extended  plain,  from  the  highest  parts  of 
which  the  streams  run  northwardly  and  westward- 
ly  into  the  river  St.  Lawrence,  and  southerly  and 
easterly  into  the  Atlantic — such  a  plain  is  the 
highland  truly  intended  by  the  treaty,  and  the  line 
is  on  that  part  of  the  plain  from  which  the  waters 
flow  in  different  directions — If  the  lands  are  only 
high  enough  for  the  water  simply  to  pass  off  in 
different  directions,  as  completely  and  exactly  cor- 
responds with  the  description  in  the  treaty,  and 
are  the  highlands  truly  and  eminently  intended 
by  it.         »     .  .  / 

The  treaty  describes  but  two  classes  of  rivers,  as 
having  any  connection  with  this  part  of  the  boun- 
daries of  the  United  States,  to  wit — such  as  flow 
into  the  river  St.  Lawrence  and  those  which  fall 


V     f*""" 


*^ 


45 


into  the  Atlantic.  Although  the  river  St.  Law- 
rence itself  falls  into  the  Atlantic  Ocean,  it  is  al- 
luded to  in  a  peculiar  manner,  to  distinguish  it 
from  all  other  rwers,  and  to  place  it  and  its  tributary 
streams  in  opposition  to  theniy  whether  they  flowed 
into  Long  Island  Sound,  Kennebec  bay,  Penobscot 
bay,  the  great  Massachusetts  bay,  the  Bay  of  Fun- 
dy,  or  the  Bay  of  Chaleur — or  into  any  other  part 
of  the  Atlantic  Ocean.  The  language  of  the  trea- 
ty being  thus  clear  and  explicit,  it  leaves  no  dobut 
on  the  mind,  that  the  highlands  of  the  treaty  which 
divide  the  waters  was  intended  that  range  of  lands, 
whether  high  or  low,  in  which  the  tributaries  of 
the  St.  Lawrence  have  their  sources  and  from 
which  they  flow.  To  search,  therelbre,  for  moun- 
tain ranges,  or  for  the  greatest  height  of  land,  be- 
tween the  river  St.  Lawrence  and  the  Atlantic 
Ocean,  to  fulfil  the  terms  of  the  treaty,  is  absurd 
and  preposterqus.  In  the  latter  part  of  the  article 
quoted,  in  describing  the  east  boundary,  the  des- 
criptive language  of  the  first  part  of  the  article  is 
nearly  repeated.  "  East  by  a  line  to  be  drawn 
along  the  middle  of  the  river  St.  Croix,  from  its 
mouth  in  the  Bay  of  Fundy,  to  its  source,  and 
from  its  source  directly  north  to  the  aforesaid  high- 
lands which  divide  the  rivers  which  I'all  into  the\ 
Atlantic  Ocean  from  those  which  fall  into  the  river 
St.  Lawrence."    -  ^  :«^f*iv: 

Although,  from  the  French  having  erected  their 
crosses  at  the  mouth  of  various  rivers,  and  having 
«*  various  times  given  them  names  from  that  cir- 


^ 


.,  , ,    ) 


46 


cumstance,  and  the  part  of  the  country  between 
the  rivers  St.  John  and  Penobscot  not  having  been 
early  settled  and  seldom  visited  except  for  the  pur- 
pose of  traffic  with  the  natives,  doubts  reasonably 
might  arise  as  to  the  true  river  St.  Croix,  still, 
when  those  doubts  were  removed,  and  the  river 
clearly  ascertained,  a  certain  point  was  fixed,  from 
which  the  due  North  line  was  to  start  and  nothing 
remained  but  to  employ  artists  to  survey  the  line 
and  ^ erect  its  monuments.  This  seems  to  have 
been  a  point  conceded  in  the  treaty  of  amity,  com- 
merce and  navigation,  concluded  at  London,  Nov. 
19,  1794,  and  in  all  the  discussions  under  the  fifth 
article  thereof   ■>i4^Httfe^-!^?-^'.v:^.-:-  •--'i;v-?vw;-:       r- .  i:;  ■' 

'  Upon  the  clear  and  explicit  language  of  the  trea- 
ty, it:self,  before  any  inteUigent  and  impartial  tribu- 
nal, the  question  of  boundary  and  jurisdiction 
might  be  safely  placed,  with  a  perfect  confidence 
in  the  issue.  But  the  treaty,  though  definite  in 
its  descriptions,  and  requiring  no  foreign  aid  in 
its  interpretation,  only  adopted  the  boundaries  of 
provinces  which  had  been  defined,  established  and 
recognised  by  the  crown  and  government  of  Great 
Britain,  in  their  different  acts  from  1621  to  1776, 
which. will  appear  by  a  recurrence  to  the  descrip- 
tive language  contained  in  the  patents,  charters, 
proclamations,  and  acts  of  parliament,  before  quot- 
ed, and  nearly  in  the  same  language.  There  can 
therefore,  be  no  doubt,  that  the  ministers  of  both 
governments,  intended  to  adopt,  ind  did  adopt 
in  the  treaty  of  peace,  as  the  boundary  of  the  Unit- 


■r/i- 


■  ■ift. 


47 


i. 


ed  States,  the  boundaries  between  the  provinces* 
of  Quebec  and  Nova  Scotia  on  the  one  part,  and 
Massachusetts  on  the  other  part)  which  had  been  ^ , 
established  by,  an''  jad  long  been  familiar  to  the  , 
government  of  Great  Britain.  This  construction, 
if  any  further  support  were  necessary,  is  amply  and 
fully  supported  by  the  discussions,  which  led  to, 
and  the  manner  in  which  the  boundaries  were  con- 
cluded by  the  ministers  who  negociated  the  pro- 
visional treaty  of  peace.  The  nogociation  was 
carried  in  form,  with  Mr.  Oswald,  who  advised 
with  Mr.  Fitzherbert  the  minister  to  the  court  of 
Versailles,  but  in  fact  with  the  British  Cabinet. 
Mr.  Oswald  did  little  or  nothing  more,  not  having 
authority,  than  to  make  such  propositions  as  the 
British  Cabinet  from  time  to  time,  according  to 
circumstances,  commanded,  and  receive  such  as 
our  ministers  made,  until  near  the  close  of  the  dis- 
cussion, when  he  was  clothed  with  full  powers. 

A  provision  in  favour  of  the  loyalists,  was  long 
and  ardently  urged  by  the  British,  and  as  ardently 
resisted  by  our  ministers — the  right  to  the  fisher-  . 
ies  was  urged  and  insisted  on  by  our  ministers,  and 
made  a  Sine  qua  non  by  a  part,  and  resisted  by  the 
British,  but  finally  adopted,  both  of  which  topics 
occupied  much  time.  The  fixing  and  defining  the 
boundaries  of  the  United  States  also  occupied 
much  time,  and  no  part  or  portion  of  it  was  so  dili- 
gently examined  and  discussed,  as  the  eastern  and 
northern  boundaries  of  the  present  State  of  Maine. 
The  British  in  the  first  place  insisted  upon  Pisca- 


48 


I    ! 


Ill 


!|i 


::'iHilii( 


ii  ll^iii 


taqua  river  as  the  eastern  limit  of  the  United  States, 
then  retreated  to  the  Kennebec,  and  as  a  last  re- 
sort would  consent  to  go  as  far  as  the  Penobscot. 
During  this,  as  during  the  other  parts  of  the  dis- 
cussion, messengers  were  continually  crossing  and 
recrossing  the  channel ;  among  the  messengers  and 
aids  to  the  British,  the  ancient  clerk  of  the  board 
of  trade  and  plantations  appeared  with  volumes  of 
records  from  that  department,  from  which  he  read 
whatever  there  was  which  tended  to  show,  the 
District  of  Maine  or  any  part  of  it,  was  not  before 
that  time  within  the  jurisdiction  of  Massachusetts 
bay.  The  American  ministers  in  their  turn  pro- 
duced sundry  acts  of  the  colonial  government  of 
Massachusetts  bay,  showing  the  jurisdiction  which 
had  been  exercised  by  her,  the  report  of  the  attor- 
ney and  solicitor  generals  who  had  upon  the  matter 
being  reft  ""red  to  them,  decided  upon  the  sundry- 
petitions,  applications,  and  claims  made  for  all  the 
country  between  the  Sagadahoc,  (Kennebec,)  and 
St.  Croix,  and  their  decision,  after  examining  all ' 
the  evidence  was  against  them,  and  in  favour  of 
the  jurisdiction  of  Massachusetts  bay.  Also  Go- 
vernor Hutchinson's  report  wherein  theN-ight  of 
Massachueetts  bay  is  discussed,  and  a  volume  of 
the  doings  of  the  Commissioners  at  Paris. 

When  the  British  insisted  upon  limiting  the 
United  States  to  the  Piscataqua,  the  Kennebec,  or 
the  Penobscot,  the  ministers  of  the  United  States, 
or  some  of  them  insisted  upon  going  to  the  St. 
^'>hn,  but  finally  agreed  to  adhere  to  the  charter 


49 


of  Massachusetts  bay.  That  they  did  do  that, 
most  manifestly  appears  from  a  comparison  of  the 
treaty  with  the  patents,  charters,  proclamations 
and  acts  of  parliament  herein  before  quoted.  .  t. .  ..,^! 
.^  JX'hat  it  was  the  intention  of  the  commissioners 
to  adopt  the  boundaries  between  the  provinces  of 
Quebec  and  Nova  Scotia  on  the  one  part,  and 
Massachusetts  bay  on  the  other  part,  was  expressly 
conceded  and  admitted  on  the  part  of  the  British 
in  the  discussions  under  the  fifth  article  of  the 
treaty  of  1794.  It  even,  if  possible,  was  more  than 
admitted,  it  is  one  if  not  the  chief  basis  of  the 
whole  argument,  and  was  enforced  with  great 


abihty. 


tSm^i'^i:  if:ii^i.;t  V'Kii 


.;fc»;'.'^,^  .L^',-,-*!,!  A     *(-:'l«.     •■U.i     1^-fiAi 


The  British  agent  in  his  memorial  of  claim 
says ''by  the  said  2d  article  herein  before  citod^* 
of  the  treaty  of  peace,  it  appears  to  be  clearly  in- 
tended, that  no  part  of  the  province  of  Nova  Scotia 
should  be  thereby  ceded  by  his  said  Majesty  to 
the  said  United  States.  But  that  the  same  pro- 
vince of  Nova  Scotia,  according  to  its  ancient  and 
former  Umits,  should  be  and  remain  a  part  of  the 
territory  of  his  said  Majesty,  as  his  said  Majesty 
then  and  before  that  time  had  held  and  possessed 
the  same*"  Again  in  his  argument  he  says,  *^  to 
facilitate  the  investigation  of  the  present  question 
there  appears  to  be  one  leading  principle  that  ap^ 
pears  to  be  explicitly  established  by  the  very  terms  of 
the  treaty  of  peace,  and  which  might  indeed  be  fairly 
considered  as  ap  axiom  in  the  present  discussion, 
to  wit — That  it  was  clearly  intended  by  the  second 
7 


I   1 


II 


Ji! 


li  I 


:;i; 

i  i: 

"' 'Li 
■  '  r 

[i 
ji 

:     ;,   . 

1 

1  f 

u 

i  ■!  i 

!i 

1  ;     \  ■ 
1 

^ 

i' 

■ 

1 

-  60 

article  of  the  treati^  that  no  part  of  the  province  of 
Nova  Scotia  should  be  thereby  ceded  by  his  Majesty 
4o  ike  United  States.  The  words  made  use  of  in 
that  article  will  not  admit  of  a  different  construction, 
the  United  States  being  expressly  bounded  east  by 
tbe  eastern  boundaries  of  the  province  of  Nova 
Scotia^  The  description  of  the  treaty  ttt  thk  ptitt 
of  the  boundaries  d[  the  Unifted  Ststted  is  ai  fol- 
lows: From^the  northwest  angle  of  Nova  Seo^isr 
to  wit,  that  ftngle  whie^hl  is  formed  by  A  line  di'awii' 
due  north  from  the  goutce  of  thei  St.  Croijt  to  the 
highlands  which  divide  those  rivers  that  empty 
themselves  into  the  St.  Lawrence  froiln'  those  which 
fall  into  the  Atlantic  Ocean."  Now  if  the  lioyth- 
west  angle  of  Nova  Scotiay  agreeable' to  these  clear 
and  express'  words  df  the  treaty,  i^  formed  by  s^lf 
a  north  line  from  the  source  of  th«^  St.  Ci^oiji:  t&  iiw 
highlands,  that  north  line  aind  those  hifghland^  liiiiisll 
bid  the  woBtefn  and  northern  boundary  of  }4ova 

Scotia."    •?  '^••■':-'    '    '      ^':     -■."-<••    --...v.^     v-^-     V,.,....    .4^;,^ 

An^  thB  British  agent  in  pursui«»g  his  arguiMttt 
ftitther,  says,  thaitby  the  treaty  of  176^y  <^^11  the 
French  possessions  upon  the  continent  of  Noiftb 
America  were  ceded  to  Great  Brita^;  the  pr6- 
vikice  of  Quebec  was  creaited  aind  estaMi^hed  by 
Ihe  royal  prockm^tion-  of  the  7th  of  October  of 
thait  y«ar,  bounded  on  the  south  by  tl^  highknda 
which  divi^  the  rivei^s  that  empty  themselves  info* 
the  river  St.  LawreM^id  from  those  which  fiiill  iiVIo 
the  Sea  &r  Atlantic  Ocean,  thereby  altering  th6' 
northern  bornidarry  of  the  province  of  Nova  Scotia 


Uiiii'jiil^., 


,    r.Jf  i- 


from  the  fiouthern  shores  of  the  river  St.  Lawrence 
to  those  highlands,  there  being  no  longer  any  ap- 
prehension of  disturbance  from  the  French,  it  now 
became  necessary  for  the  settlement  of  the  country 
that  had  been  in  dispute  between  the  two  nations 
to  ascertain  the  boundary  line  between  the  pro- 
vinces of  Nova  Scotia  and  Massachusetts  Bay."    * 

Having  quoted  in  the  preceding  pages  the  main 
documents  on  which  our  title  rests,  there  will  not, 
in  the  sequel,  be  a  necessity  for  any  thing  more 
than  general  allusions.  By  a  recurrence  to  the 
history  of  that  time,  it  will  be  seen  that  the  treaties 
were  opposed  in  the  British  parliament,  but  they 
were  opposed  by  those  who  had  lately  been  in 
power,  and  opposition  to  the  ministry  seems  to 
have  constituted  the  leading  objection ;  so  far  as 
the  treaty  with  the  United  States  came  in  question 
the  objections  raised  were  on  account  of  there 
being  no  provision  in  favour  of  the  loyalists,  and 
the  right  to  the  fisheries  being  secured  to  the 
United  StB  les,  but  there  was  no  objection  to  it  on 
account  of  the  boundaries  therein  prescribed  to 
the  eastern  part  of  the  United  States.  U  the  boun- 
daries had  not  been  such  as  were  well  known  and 
familiar  from  their  own  records,  the  variance  wouM 
have  produced  scrutiny,  and  if  any  objection  could 
have  been  raised  against  it  on  that  account,  it 
would  have  been  brought  forward  to  increase  and 
enforce  their  other  objections.  .'  >    «?'  ^ 

When  the  river  St.  Croix  had  been  consecrated 
by  De  Monts  in  1604,  and  by  its  being  the  first 


V 


II 


llli 


P  'III 


ii:ll 


III 


I! 


I]l; 


^       52 

resting  place  of  Europeans,  who  became  perma- 
nent settlers  in  the  northern  p^rts  of  North  Ame- 
rica ;  and  when,  from  that  circumstance,  and  from 
the  expedition  of  Sir  Samuel  Argall,  its  name  found 
its  way  across  the  Atlantic,  yet  from  the  imperfect 
geographical  knowledge  at  that  time,  the  position 
of  it  could  not  have  been  known  to  the  Europeans, 
and  when,  in  the  prosecution  of  the  settlement  of 
the  country,  other  places  became  more  alluring, 
and  the  river  St.  Croix  and  the  country  on  its  bor- 
ders did  not  become  the  scite  of  any  settlement  or 
military  post,  and  the  natives  were  there,  left  to  pur- 
sue their  fisheries  and  the  chase  without  molestation, 
and  when,  also,  many  other  rivers  on  the  coast  were 
afterwards  des>ignated  by  the  same  name,  and  when 
all  the  maps  prior  to  the  American  Revolution  were 
imperfect,  it  is  not  wonderful  that  doubts  and  serioufl 
doubts  arose  as  to  which  river  was  intended  as  the 
boundary  between  the  province  of  Massachusetts 
bay  and  the  province  of  Nova  Scotia.  Hence,  as 
the  river  St.  Croix  was  a  part  of  the  boundary  ^  3- 
tween  the  provinces,  when  the  settlements  on  the 
coast  began  to  approach  each  other,  it  became 
'necessary  to  ascertain  the  river  truly  intended,  to 
prevent  collision  and  the  conflict  of  jurisdiction. 

Before  the  American  Revolution,  and  as  early 
as  tlie  year  1764,  it  had  become  the  object  of  the 
serious  research  and  investigation  of  the  respective 
provinces.  From  the  researches  of  the  agents  of 
the  province  of  Massachusetts  bay,  made  on  the 
spot,  from  the  concurrent  information  of  all  the 


sT 


Z' 


53 

natives,  and  from  all  the  maps  in  their  possession, 
they  wore  convinced  that  the  river  Magaguadavic 
was  the  river  St.  Croix,  such  was  the  tradition, 
and  such  was  the  conclusion,    mm^-^mi^n^i-y^-i'iifm^ 

It  generally  was  considered  and  believed  in  the 
prdvince  of  Massachusetts  bay,  that  is  was  bounded 
east  by  the  river  Magaguadavic  and  by  a  line  drawn 
due  nortli  from  its  source  to  the  highlands  which 
divide  the  rivers  that  empty  themselves  into  the 
St.  Lawrence  from  those  which  fall  into  the  sea, 
or  in  other  woras,  by  a  line  drawn  due  north  from 
the  source  of  the  said  Magaguadavic  river  to  the 
southern  line  of  the  province  of  Quebec,  which 
had,  by  proclamation,  been  created  the  preceding 
year.  The  province  of  Nova  Scotia  on  the  other 
hand,  believed,  that  the  province  extended  west- 
ward to  the  river  Schoodic,  and  was  bounded  west 
by  the  east  line  of  the  province  of  Massachusetts 
bay,  and  north  by  the  aforesaid  south  hue  of  the 
province  of  Quebec.  Impressed  with  such  a  be- 
lief, the  Governor  of  Nova  Scotia,  as  the  settle- 
ments extended  westward,  and  individuals  wished 
for  grants  of  land  made  them,  and  from  the  year 
1765  to  1774,  made  sundry  grants  of  land,  lying 
between  the  Magaguadavic  and  the  Schoodic 
llivcrs. 

Such  were  the  different  opinioni^^  entertained  at  the 
commencement  of  the  revolution,  anil  such  they  con- 
tinued to  be,  when  the  provisional  treaty  and  the  trea- 
ty of  pence  were  concluded.  When  the  provinces 
wore  cut  asunder,   and  ceased  to  be  under  the 


/^\ 


mm 


liiiiiiii 


H' 


?l 


i 


'i;i 


'■!'ii|!l 


54 


eontrol  of  the  same  general  sovereignty,  and  after 
the  close  of  the  war,  the  loyalists  siettled  on  the 
Aastera  banks  of  the  Schoodic^  and  extended  their 
settlements  between  that,  and  the  Magaguadtivr^ 
fivers,  under  the  grants  of  the  province  of  Nova 
Scotia  or  the  crown ;  the  attention  of  Massacliu- 
setts  was  aroused,  and  called  distinctly  to  the  sub- 
ject, and  the  government,  July  7,  1784,  passed  a 
^<  Resolve  for  appointing  Agents  to  the  eastern 
part  of  this  State,  to  inform  themselves  of  encroach- 
ments made  by  the  British  subjects ;  and  instruct- 
ing them  how  to  proceed.  The  Agents  were  ap- 
pointed, repaired  to  the  place  where  the  dispute 
existed,  viewed  the  rivers,  and  made  all  such  other 
enquiries  as  were  within  their  power,  and  became 
convinced  that  the  river  Magaguadavic  was  the 
river  St.  Croix,  of  the  treaty  of  1783.  In  answer 
to  enquiries  made  by  the  Lieutenant  Governor  of 
Massachusetts,  dated  Autevil,  near  Paris,  October 
25,  1784,  the  late  John  Adams,  one  of  the  negotia- 
tors of  the  provisional,  and  the  treaty  of  peace, 
says  "We  had  before  us,  through  the  whole  negoti- 
ation, a  variety  of  maps,  but  it  was  Mitchell's  map 
upon  which  was  marked  out  the  whole  boundary 
line  of  the  United  States  ^  and  the  river  St.  Croix, 
which  was  fixed  on  was,  upon  that  map,  the  near- 
est to  the  St.  Johns,  so  that  in  all  equity,  good  con- 
science and  honour,  the  river  next  to  the  St  John's, 
should  be  the  boundary.  I  am  glad  the  General 
Court  are  taking  early  measures  and  hope  they 
will  pursue  them  steadily  until  the  point  is  settled, 


tS 


ik 


H*' 


it- 


wbieh  it  may  be  now  amicably ;  if  &eglect\ed  lo^^ 
it  may  be  more  difficult. ''  Massachu^ettd  became 
confirmed  in  her  claim,  as  heif  inquiries  and  re^ 
searches  were  extended.  She  pressed  her  clauaa? 
upon  the  consideration  of  QoHgres^^  and  upon  til< 
consideration  of  the  governors  of  Nova  Scotia  aA< 
New-Brunswick.r  Representations  were  made  Ibf 
Congress  to  thegovernment  of  Great  Britain,  tbrougiil 
the  minister  of  the  United  States.  v  f>ir*^..         i 

The  different  parties  so  far  from  settling  tfee' 
difficulties,  probably  became  more  and  more  con-> 
firmed  in  thei;*  different  opinions.  After  the  orga-» 
nization  of  the  government  of  the  United  States' 
under  the  constitution,  by  a  resolve  passed  Feb.- 
1,  1790,  it  was  "  Resolved,  that  his  Jfcxcllency  the' 

>vernor  he^  artd  he  hereby  is  requested  to  WriW 
-o  the  President  of  the  United  States,  in  behalf  of 
this  Conimonwealth,  informing  him  that  the  sub-- 
jeots  of  his  Britannic  Majesty  have  made,  and  still 
continue  to  make  encroachments  or  the  Eastern 
Boundary  of  this  Commonweakh,  in  the  opinion 
of  the  Legislature  cqntrary  to  the  treaty  of  peace ; 
and  that  his  Excellency  be  requested  to  forward^ 
such  documents  as  may  be  necessary  to  substan- 
tiate the  facts."  Thiis  Massachusetts  called  on 
the  government  of  the  United  States,  to  protect 
them  in  the  possession  of  their  territory.  .>'^M 

The  doubts  wliich  had  arisen,  extended  no  far- 
ther than  to  what  river  was  intended  by  the  river  St. 
Croix  in  the  treaty  of  1783;  the  treaty  only  de- 
scribing it  by  its  name,  nor  could  they,  for  when 


'I!! 


il 


i!'! 


ili; 


y 


,'!« 


\<Mi 


i;i;>M,li 


Hf ',1' 


l!!!i 


iiiii 


mm 


'ii 


.niil 


^ 


56 

that  was  settled  the  rule  was  clearly  and  distinctly 
gwen  for  finding  the  northwest  angle  of  Nova 
Scctia.  That  is  clearly  implied  in  the  first  part  of  Jjf 
the  fifth  article  of  the  treaty  of  1794 ,  for  it  says, 
"Whereas  doubts  have  arisen  what  river  was  truly  in- 
tended under  the  name  of  the  river  St.  Croix,  men- 
tioned in  the  said  treaty  of  peace,  and  forming  a 
part  of  the  boundary  therein  described,  that  ques- 
tion shall  be  referred  to  the  final  decision  of  com- 
missioners." The  same  article  made  it  the  duty 
of  the  Commissioners,  *'by  a  declaration  under 
their  hands  and  seals,  to  decide  what  river  was 
the  river  St.  Croix  intended  by  the  treaty,  and  fur- 
ther to  describe  the  river  and  to  particularize  the 
latitude  and  longitude  of  its  mouth  and  its  source. 
If  any  other  doubts  could  have  existed,  or  if  the 
residue  of  the  line  could  not  have  been  ascertain- 
ed by  a  survey,  or  if  it  had  not  been  considered 
that  ascertaining  the  river  St.  Croix  settled  the 
whole  dispute,  and  if  such  were  not  the  convic- 
tions of  the  contracting  parties,  it  is  not  unreason- 
able to  suppose,  that  further  provisions  would  have 
been  introduced  into  the  treaty. 

It  was  contended  by  the  agent  of  the  United 
States  before  the  Commissioners,  that  the  river 
Magaguadavic  was  the  river  St.  Croix  truly  in- 
tended by  the  treatv  of  1783,  and  he  founded  his 
claims  and  argumci  ..  on  many  depositions  of  the 
natives,  anrl  of  the  persons  who  first  settled  in  that 
part  of  the  country,  on  the  examination   and  re- 


I 


57 


ports  of  agents  on  the  letters  and  testimony  of 
several  other  persons  and  on  sundry  maps. 

It  was  contended  by  the  agent  for  his  Britannic 
Majesty,  that  the  river  Scoudiac  was  the  river  St. 
Croix  truly  intended  by  the  treaty  of  1783,  and  he 
founded  his  argument  on  the  grant  to  Sir  William 
Alexander,  Les  Carbot  and  Champlains  histories 
of  the  voyages  of  De  Monts,  and  their  description 
of  the  country,  the  commissions  to  Governors  of 
Nova  Scotia,  from  1719  to  1771,  the  proclamation 
of  1763,  and  two  acts  of  parliament  of  the  four- 
teenth of  George  Third,  and  sundry  maps*  and 
depositions.  His  argument  and  the  facts  and  doc- 
uments upon  which  he  founded  it,  clearly  admits 
and  demonstrates,  that  the  only  uncertainty  was, 
a"S  to  what  river  was  intended  by  the  river  St. 
Croix,  and  that  from  the  source  of  the  river  which 
the  commissioners  should  decide  and  designate  ac- 
cording to  the  treaty  of  1794,  the  eastern  bounda- 
ry line  of  the  United  States  and  the  western  boun- 
dary of  the  province  of  Nova  Scotia  must  com- 
mence and  continue  due  north  to  the  highlands, 
to  wit :  the  highlands  between  the  river  St.  Law- 
rence and  the  Kestigouche  or  the  St.  John,  ac- 
cording as  the  source  should  be  fixed  further  east 
or  further  west.  He  expressly  admits  that  the  line 
due  north  from  the  St.  Croix  will,  in  any  event, 
cross  the  river  St.  John  to  the  highlands,  between 


See  Appendix, 


8 


58 


that,  and  the  river  St.  Lawrence,  to  wit :  the  lands 
which  divide  the  streams  which  flow  into  the  St. 
Lawrence  from  those  which  fall  into  the  Atlan- 
tic* 

The  discussion  was  closed  in  1798,  and  the  time 
had  not  then  arrived,  when  from  "  cupidity, ^^  or  a 
desire  to  establish  a  line  from  which  they  could 
attack  the  United  States  in  the  rear,  while  their  navy 
should  attack  them  on  the  sea  board,  when  they  were 
determined  to  acquire  by  effrontery  or  sophistry 
the  territory,  which  they  had  sought  iu  vain  as  a 
cession.  'm-r''''^u'^ '--  ^-       •'■:--    ■  *  -     K+^>r».- 

rP  The  Commissioners  on  the  25th  of  October, 
1798,  made  the  declaration  under  their  hands  and 
seals,  deciding  what,  and  describing  the  river  also, 
which  was  truly  intended  by  the  river  St.  Croix,  in 
the  treaty  of  1783.t  Prior,  however,  to  their  mak- 
ing their  final  declaration,  they  had  agreed,  and 
were  about  making  it  the  final  declaration,  that 
the  river  Schoodic,  Irom  its  mouth  at  Joes  Point 
to  the  lake  Genesagranagum-sis,  now  called  the 
round  lake,  being  the  lowest  of  the  western  Schoo- 
dic lakes,  was  the  river  St.  Croix  of  the  treaty ; 
whiqh  declaration  they  did  not  make,  but  by  the 
agreement  or  donhunt  of  the  agents  of  the  United 
States  and  Great  Britain,  and  the  advice  of  the 
British  Minister.!  They  adopted  the  branch  cal- 
led the  Cheputnetecook,  to  its  source,  as  a  part 
of  the  rit^cr  which  they  were  to  decide  and  desig- 


Appendix  11. 


t  Appendix  12. 


I  Appendix  13. 


^^ 


^^ 


r 


..:*' 


69 


rain  as  a 


nate.  If  the  British  government  gained  no  advan- 
tage in  the  decision  of  the  commissioners,  as,  from 
the  evidence  submitted,  the  Commissioners  might 
well  have  decided  that  the  Magaguadavic  was  the 
river  St.  Croix  intended  by  the  treaty,  they  did  in 
fact  gain  a  most  decided  and  important  advantage 
in  the  adoption  of  the  source  of  the  Cheputnete^ 
cook,  instead  of  the  source  of  the  other  branch  of 
the  Scoodic  Hver,  where  it  issues  from  the  lake 
Genesagranagum-sis  being  the  first  lake  on  the 
western  branch  of  Schoodic,  above  its  junction 
with  the  Cheputnetecook.  By  an  inspection  of 
the  map,  it  will  appear  that  the  British  have  gain- 
ed a  tract  of  land,  by  a  change  of  the  declaration 
of  the  commissioners,  as  to  the  source  of  the  river 
St.  Croix,  of  more  than  one  hundred  and  forty 
miles  in  length,  by  more  than  ten  miles  in  breadth. 
These  facts  are  not  natned,  because  there  is  any 
disposition,  on  our  part,  to  violate  the  good  faith 
pledged  ih  the  treaty,  and  the  decision  which  was 
thus  amicably  made.  The  British,  if  they  be,  as 
they  declare  themselves  to  be,  "  a  great,  honoura- 
ble, and  magnanimous  nation,"  ought  equally  to 
abide  the  decision  and  its  consequences,  in  good 
faith,  more  especially  as  they  gained  so  much  by 
the  result.  Here  every  real  doubt  or  difficulty  of 
any  importance  was  settled  and  removed ;  and 
nothing  remained  but  to  run  and  mark  the  line, 
and  erect  its  monuments.  Trifling  difiereuces  in 
surveying  the  line,  might  occur,  arising  from  the 


\ 

\ 


!i|ii!!if]l ';j!V 


ifm' 


60 


'  1 


!i!i; 


■II    :il 


.1? 


variation  of  the  needle,  and  from  the  pecuUar 
situation  of  the  land  on  the  line  of  the  govern- 
ment of  Quebec,  at  the  northwest  angle  of  No- 
va Scotia,  one  of  which  would  tend  to  change 
tLj  longitude,  and  the  other  the  latitude,  pos- 
sibly a  mile ;  but  not  in  any  instance  to  a  dis- 
tance of  any  importance^  to  either  government 
Some  trifling  differences  might  also  arise  in  sur- 
veying the  line  between  the  government  of  Que- 
bec and  Massachusetts,  in  running  the  line  south- 
westerly from  tbv^  northwest  angle  of  Nova  Scotia, 
as  to  the  precise  points  which  divide  the  waters, 
and  the  lines  which  should  connect  those  points ; 
but  all  such  differences  are  within  a  very  narrow 
compass.  That  the  only  subject  of  doubt  or  dif' 
ficulty  of  any  importance  was  what  river  was  truly 
intended  by  the  river  St.  Croix^  is  not  only  con- 
ceded by  the  treaty  of  1794,  but  is  demonstrated 
by  the  documentary  evidence  produced  by  the 
Agent  of  his  Britannic  Majesty,  to  wit,  the  pa- 
tents, charters,  proclamations,  and  acts  of  Parlia- 
raentf  and  his  arguments  founded  upon  these  do- 
cuments; his  argument  being,  in  fact,  founcad 
upon  this  plain  and  simple  proposition,  that  the 
lines  described  by  the  treaty  of  1783,  were,  and 
were  intended  to  be  the  lines  which  had  before 
been  established,  between  the  province  of  Massa- 
chusetts Bay,  on  the  one  hand,  and  the  provinces 
of  Quebec  and  I^ova  Scotia  on  the  other.* 


Appendix  11. 


When  the  subject  is  again  recurred  to  by  the 
respective  governments,  it  is  not  treated  as  a  sub- 
ject involving  any  thing  more  than  possible  difficul- 
ties of  trifling  importance.  Hence  in  &  conven- 
tion between  his  Britannic  Majesty  and  the  United 
States,  which  was  dated  the  12.tn  day  of  •May, 
1803,  but  which  was  not  ratified  by  the' United 
States,  instead  of  reciting,  that  whereas  doubts 
have  arisen,  &c.  as  in  the  treaty  of  1794,  says, 
"  WLereas  it  has  become  expedient  that  the  north- 
west angle  of  Nova  Scotia,  mentioned  and  de- 
scribed in  the  treaty  of  peace  between  his  Majes- 
ty aniLthe  United  States,  should  be  ascertained 
and  determined,  and  that  the  line  between  the 
pource  of  the  river  St.  Croix,  and  the  said  north- 
west angle  of  Nova  Sbotia,  should  be  run  and 
marked,  according  to  the  provisions  of  the  said 
treaty  of  peace."  And  again,  when  the  subject  is 
recurred  to,  in  a  paper  delivered  to  Lord  Harrow-  - 
by,  September  6th,  1804,  the  following  language  is 
used:  "  By  the  treaty  of  1783,  between  the  Uni- 
ted States  and  Great  Britain,  the  boundary  be- 
tween those  States  and  Nova  Scotia  and  Canada, 
is  fixed  by  a  line,  which  is  to  run  along  the  high- 
lands bounding  the  southern  waters  of  the  St. 
Lawrence."  The  same  subject  is  once  more  re- 
curred to  by  our  Ministers  at  the  Court  of  St. 
James,  in  April,  1807,  and  the  same  language  is 
used  in  a  proposed  article  on  the  same  subject,  as 
was  used  in  the  unratified  convention  of  1803,  be- 
fore recited. 


m 


iiiiii 


62 

The  subject  is  not  again  recurred  to  between 
the  respective  governments  until  1814,  in  the  cor- 
respondence which  preceded,  and  in  the  fifth  ar- 
ticle of  the  Treaty  of  Ghent.  In  order  to  arrive 
at  a  full  and  perfect  knowledge  of  the  facts,  to 
the  end  that  the  just  and  true  interpretation  of  the 
fifth  article  of  the  Treaty  of  Ghent  may  more  ful- 
ly appear,  a  particular  examination  of  the  corres- 
pondence which  preceded  it,  between  the  minis- 
ters of  the  respective  governments  of  the  United 
States  and  Great  Britain,  connected  with  the  great 
chain  of  evidence  of  title,  and  implied,  and  direct, 
and  positive  concessions  of  the  British,  is  deemed 
important.  The  correspondence  touching  the  sub- 
ject in  discussion  is  as  follows.  :-  - 

In  the  protocol  made  by  the  American  Commis^ 
sioners  of  the  two  first  conferences  held  with  the 
British  Commissioners,  the  third  point  presented 
by  the  Commissioners  on  the  part  of  the  British  as 
subjects  of  discussion  is,  "  the  revision  of  the  boun- 
dary line  between  the  territories  of  the  United 
States  and  those  of  Great  Britain  adjoining  them 
in  North  America."* 

In  the  protocol  of  conference  of  August  8, 1814, 
among  the  subjects  stated  for  discussion  by  the 
British  Commissioners,  the  third  is  "  A  revision  of 
the  boundary  line  between  the  British  and  Amer- 
ican territories  with  a  view  to  prevent  future  un- 
certainty and  dispute."! 

*  State  papers,  vol.  9,  page  327.  t  lb.  330. 


I  ■■  *■ 


•  ( 


63  '  ". 

t 

In  a  letter  dated  Ghent,  August  12,  18H,  from 
the  American  Commissioners  to  the  Secretary  of 
State.*  The  British  Commissioners  stated  three 
subjects  as  those  upon  which  it  appeared  to  them 
that  the  discussions  would  be  likely  to  turn,  and 
on  which  they  were  instructed.  The  third  subject 
stated  is  "  A  revision  of  the  boundary  line  between 
the  United  States  and  the  adjacent  British  Colo- 
nies." With  respect  to  this  point,  they  expressly 
disclaimed  any  intention  on  the  part  of  their  go- 
vernment, to  acquire  an  increase  of  territory,  and 
represented  the  proposed  revision  as  intended 
merely  for  the  purpose  of  preventing  uncertainty 
and  dispute.  In  a  letter  dated  Ghent,  August  19, 
1814,  from  the  American  Commissioners  to  the 
Secretary  of  State,  the  third  subject  stated  by  the 
British  Commissioners  is  "  A  direct  communica- 
tion from  Halifax  and  the  province  of  New-Bruns- 
wick to  Quebec  to  be  secured  to  Great  Britain. 
In  answer  to  our  question,  in  what  manner  this 
was  to  be  effected  ?  we  were  told,  that  it  must  be 
done  by  a  cession  to  Great  Britain  of  that  portion 
of  the  District  of  Maine,  (in  the  State  of  Massa- 
chusetts) which  intervenes  between  New-Bruns- 
wick and  Quebec,  and  prevents  their  direct  com- 
municati.on."t  '        -  •     - 

In  a  note  of  the  British  Commissioners  dated 
Ghent,  August  19,  1814,  they  say,  "as  they  are 

»  State  Papers,  vol.  9,  page  320.  t  lb.  332. 


/ 


64 


Wm 


lillli  III 


h% 


i 


\'t  '\ 


ill,:  r" 


I 


II 


% ' 

i  i     iiii'i 


fflili 


desirous  of  stating  every  point  in  connexion  with 
the  subject,  which  may  reasonably  influence  the 
decision  of  the  American  plenipotentiaries  in  the 
exercise  of  their  discretion,  they  avail  themselves 
of  this  opportunity  to  repeat  what  they  have  al- 
ready stated,  that  Great  Britain  desires  the  revision 
of  the  frontier  between  her  North  American  domin- 
ions and  those  of  the  United  States,  not  with  any 
view  to  'an  acquisition  of  territory,  as  such,  but  for 
the  purpose  of  securing  her  possessions,  and  pre- 
venting future  disputes.^''* 

Then  follows  a  proposition  that  the  military 
possession  of  the  lakes  shall  be  left  in  the  hands  of 
the  British ;  then  the  note  proceeds,  *'  if  this  can  be 
adjusted,  there  will  then  remain  for  discussion  the 
arrangement  of  the  northwestern  boundary  between 
lake  Superior  and  the  Mississippi,  the  free  naviga- 
tion of  that  river,  and  such  a  variation  of  the  line 
of  frontier  as  may  secure  a  direct  communication  be- 
tween Quebec  and  Halifax.  '  :  ^v,      ;•  ; 

In  a  letter  dated  Ghent,  August  24,  1814,  from 
the  American  to  the  British  Commissioners,  they 
say—"  The  undersigned  further  perceive,  that  un- 
der the  alledged  purpose  of  opening  a  direct  com- 
munication between  two  of  the  British  provinces 
in  America,  the  British  government  require  a  ces- 
sion of  territory  forming  a  part  of  one  of  the  States 
of  the  American  Union,  and  that  they  propose,  with- 
out purpose  specifically  alleged,  to  draw  the  boun- 

*  State  Papers,  vol.  9,  page  389. 


66 

dary  line  westward,  not  from  the  Lake  of  the 
Woods,  as  it  now  is,  but  from  Lake  Superior.  It 
must  be  perfectly  immaterial  to  the  United  States, 
whether  the  object  of  the  British  Government  in 
demanding  the  dismemberment  of  the  United 
States,  is  to  acquire  territory  as  such,  or  for  pur- 
posea  less  liable  in  the  eyes  of  the  world,  to  be 
ascribed  to  the  desire  of  aggrandizement.  What- 
ever the  motive  may  be,  and  with  whatever  con- 
sistency views  of  conquest  may  be  disclaimed, 
while  demanding  for  herself  or  foi*  the  Indians,  a 
cession  of  territory  more  extensive  than  the  whole 
island  of  Great  Britain,  the  duty  Lmrkec^  out  for 
the  undersigned  is  the  same.  They  have  no  au 
thority  to  cede  any  part  of  the  territory  of  the  Uni- 
ted States ;  and  to  no  stipulation  to  that  eject  will 
they  auhscrihey*  ,  > 

In  a  letter  dated  Ghent,  September  4, 1814,  from 
the  British  to  the  American  Commissioners,  they 
say,  "  With  respect  to  the  boundary  of  the  Dis- 
trict of  Maine,  and  that  of  the  northwestern  fron- 
tier of  the  United  States,  the  undersigned  were 
not  prepared  to  anticipate  tha  objections  contain- 
ed in  the  note  of  the  Americp*^  Plenipotentiaries, 
that  they  were  instructed  to  trc  m,  for  the  revision 
of  their  boundary  lines,  with  the  statement  which 
they  have  subsequently  made,  that  they  had  no  au- 
thority to  cede  any  part  however  insignificant  of  the 
territories  of  the  United  States,  although  the  pro- 


9 


State  Papers,  vol.  9,  p.  381. 


66 


I  '  ;  I- 


lililfi'i 


posal  left  it  openftjf  them  to  demand  an  equivalent 
for  such  cession  in  territory  or  otherwise. 

"The  American  plenipotentiaries  must  be  aware 
that  the  boundary  of  the  District  of  Maine  has 
never  been  correctly  ascertained  ;  that  the  one  as- 
serted at  present  by  the  American  Government,  by 
which  the  direct  communication  between  Halifax 
end  Quebec  becomes  interrupted,  was  not  in  con- 
templation of  tlie  British  Plenipotentiaries  who  con- 
cluded the  treaty  of  1783,  and  that  the  greater  part 
of  the  territory  in  question  is  actually  unoccupied. 
The  undersigned  are  persuaded  that  an  arrange- 
ment on  this?  point  might  be  easily  made,  if  en- 
tered into  with  the  spirit  of  conciliation,  without  any 
prejudice  to  the  interests  of  the  district  in  ques- 
tion. As  the  necessity  for  fixing  some  boundary 
for  the  northwestern  frontier  has  been  mutually  ac- 
knowledged, a  proposal  for  a  discussion  on  that  sub- 
ject cannot  be  considered  as  a  demand  for  a  ces- 
sion of  territory,  unless  the  United  States  are  pre- 
pared to  a»3ert,  there  is  no  limit  to  their  territo- 
ries in  that  direction,  and  that  availing  themselves 
of  the  geographical  error  upon  which  that  part 
of  the  treaty  Ci"  1783  was  founded,  they  will  ac- 
knowledge no  boundary  whatever,  then,  unques' 
tionably,  any  proposition  to  fix  one,  be  it  what  it 
may,  must  be  considered  as  demanding  a  large  ces- 
sion of  territory  from  the  United  States."* 

In  a  letter  dated  Ghent,  September  9,  1814,  from 


State  Faperp,  rbl.  9,  page  '381. 


i;  nil- 


67 


the  American  to  the  British  Commissioners,  the 
American  Commissioners  say, — "With  regard  to  thd 
cession  of  a  part  of  the  District  of  Maine,  as  to 
which  the  British  plenipotentiaries  are  unable  to 
reconcile  the  objections  made  by  the  undersigned, 
with  their  previous  declarations,  they  have  the 
honour  to  observe,  that  at  the  conference  ot  the 
Hth  ult.  the  British  plenipotentiaries  stated,  as  one 
of  the  subjects  suitable  for  discussion,  a  revision  of 
the  boundary  line  between  the  i^ritish  and  Ameri- 
can territories,  with  a  view  to  prevent  uncertainty 
and  dispute:  nnd  that  it  was  on  the  point  thus 
stated,  that  the  unders:igned  declared  that  they 
were  provided  with  instructions  from  their  govern- 
ment ;  a  declaration  which  did  not  imply  that 
they  were  instructed  to  make  any  cession  of  terri- 
tory in  any  quarter,  or  to  agree  to  a  revision  of  the 
line,  or  to  any  exchange  of  territory  where  no  un- 
certainty or  dispute  existed. 

"The  undersigned  perceive  no  uncertainty  or 
matter  of  doubt  in  the  treaty  of  1783,  with  respect 
to  that  part  of  the  boundary  of  the  District  of 
Maine  which  would  be  affected  by  the  proposal  of 
Groat  Britain  on  that  subject.  They  never  have 
understood  that  the  British  plenipotentiaries  who 
signed  that  treaty  had  contenolated  a  boundary 
diti'erent  from  that  fixed  by  the  treaty  and  which 
requires  nothing  more,  in  order  to  be  definitely 
ascertained,  than  to  be  surveyed  in  conformity 
with  its  provisions.  This  subject  not  having  been 
a  matter  of  uncertainty  or  dispute^  the  undersigned 


fe<*' 


68 


:i..i„.r!. 


I 


li.   I 


are  not  instructed  upon  it ;  and  they  can  have  no 
authority  to  cede  any  part  of  the  State  of  Massachu- 
setts, even  for  what  the  British  Government  might 
consider  a  fair  equivalent. ^^* 

In  a  letter  dated  Ghent,  September  19,  1814, 
from  the  BritiBh  to  the  American  Commissioners, 
they  say, — "  With  respect  to  the  boundary  of  the 
District  of  Maine,  the  undersigned  observe  with 
regret,  that  although  the  American  plenipotentia- 
ries have  acknowledged  themselves  to  be  instruct- 
ed to  discuss  a  revision  of  the  boundary  line,  with 
a  view  to  prevent  uncertainty  and  dispute,  yet  by 
assuming  an  exclusive  right  at  once  to  decide  what  is 
or  is  not  a  subject  of  uncertainty  and  dispute^  they 
have  rendered  their  powers  nugatory  or  inadmissibly 
partial  in  their  operation.^^i 

In  a  letter  dated  Ghent,  September  26,  1814, 
from  the  American  to  the  British  Commissioners, 
they  say,  "The  undersigned  are  far  from  assuming 
the  exclusive  right  to  docoo,  what  is,  or  what  is 
not  a  subject  of  uncertainty  or  dispute,  with  regard 
to  the  boundary  of  the  District  of  Maine.  But  until 
the  British  Plenipotentiaries  shall  have  shown  in 
what  respect  the  part  of  that  boundary  which  would 
be  effected  by  their  proposal,  is  such  a  subject,  the 
undersigned  may  be  permitted  to  assert  that  it  is  not.^^ 

'^he  treaty  of  1 783  described  the  boundary  as  **a 
line  to  be  drawn  along  the  middle  of  the  river  St. 
Croix  from  its  mouth  in  the  Bay  of  Fundy,  to  its 


•  State  papers,  vol.  9,  p 


3«>8 


+  P.  400. 


69 

source,  and  from  its  source  directly  north  to  the 
highlands  which  divide  the  rivers  that  fall  into  the 
Atlantic  Ocean  from  those  which  fall  into  the  river 
St.  Lawrence,  and  thence  along  the  said  highlands 
to  the  northwesternmost  head  of  Connecticut  river." 
a  Doubts  having  arisen  as  to  the  St.  Croix  desig- 
nated in  the  treaty  of  1783,  a  provision  was  made 
in  that  of  1794  for  ascertaining  it;  and  it  may  be 
fairly  inferred,  from  the  limitation  of  the  article  to 
that  solo  object,  that,  even  in  the  judgment  of 
Great  Britain,  no  other  subject  of  controversy  ex- 
isted in  relation  to  the  extension  of  the  boundary 
line  from  the  source  of  that  river.  That  river  and 
its  source  having  been  accordingly  ascertained 
the  under::igned  are  prepared  to  propose  the  ap- 
pointment of  commissioners  by  the  two  governments^  to 
extend  the  line  to  tho  highlands,  conformably  to  the 
treaty  of  1783.  The  proposal,  however,  of  the 
British  Plenipotentiaries  was  not  to  ascertain,  but 
to  vary  those  lines  in  such  a  manner  as  to  secure  a 
direct  communication  between  Quebec  and  Halifax ; 
an  alteration  which  could  not  be  effected  without  a 
cession  by  the  United  States  to  Great  Britain  of  all 
that  portion  of  the  State  of  Massachusetts  inter- 
vening between  the  province  of  New  Brunswick 
and  Quebec,  although  unquestionably  included 
within  the  boundary  lines  fixed  by  that  treaty. 
Whether  it  was  contemplated  on  the  part  of  Great 
Britain  to  obtain  a  cession  with,  or  without  an 
equivalent  in  frontier  or  otherwise,  the  undersigned 
in  stating  that  they  were  not  instructed,  or  autho- 


.;;H' 


fi  ■ 

70 

rized  to  treat  on  the  subject  of  cesstorty  have  not 
declined  to  discuss  any  matter  of  uncertainty  or  dis- 
putCf  which  the  British  Plenipotentiaries  may  point 
out  to  exist,  respfecting  the  boundaries  irA  that  or 
any  other  quarter,  and  are,  therefore,  not  liable  to 
the  imputation  of  having  rendered  their  powers  on 
the  subject  nugatory  or  inadmissibly  partial  in  their 
operation."*  '  -^^ 

In  a  letter  dated  Client,  October  8,  1814,  from 
the  British  to  the  American  Commissioners,  they 
say,  "  The  British  government  never  required  that 
all  that  portion  of  Massachusetts  intervening  be- 
tween the  province  of  New  Brunswick  and  Que- 
bec, should  be  ceded  to  Great  Britain,  but  only 
that  small  portion  of  unsettled  country  which  inter- 
rupts the  commuiiication  between  Halifax  and 
Quebec,  (there  being  much  doubt  whether  it  does 
not  already  belong  to  Great  Britain.")t  In  the 
letter  dated  Ghent,  Oct.  21,  1814,  from  the  British 
to  the  American  Commissioners,  they  say,  "On 
the  question  of  boundary  between  the  dominions 
of  his  Majesty  and  those  of  the  United  States,  the 
undersigned  are  led  to  expect,  from  the  discussion 
which  this  subject  has  alreatjy  undergone,  that  the 
northwestern  boundary  from  ^he  lake  of  tho  Woods 
to  the  Mississippi,  (the  intended  arrangement  of 
1803,)  will  be  admitted  without  objection. 

"In  regard  to  other  boundaries  the  American 
Plenipotentiaries,  in  their  note  of  August  24,  ap- 


*  State  paperB,  vol.  9,  page  405.  f  lb.  p.  415. 


71 

peared  in  some  measure  to  object  to  the  proposi- 
tion then  made  by  the  undersigned,  as  not  bemg 
on  the  basis  of  uti  possidetis.  The  undersigned 
arc  willing  to  treat  oh  that  basis,  subject  to  such 
modifications  as  mutual  convenience  may  be  found 
to  require ;  and  they  trust  that  the  American  Plen- 
ipotentiaries will  shew,  by  their  ready  acceptance 
of  this  basis,  that  they  duly  appreciate  the  mode- 
ration of  his  Majesty's  government,  in  so  far  con- 
sulting the  honor  and  fair  pretensions  of  the  Uni- 
ted States  as,  in  the  relative  situation  of  the  two 
countries  to  authorize  such  a  proposition."* 

In  a  letter  dated  Ghent,  October  24,  1814,  from 
the  American  to  the  British  Commissioners  they 
say,  ^<  Amongst  the  general  observations  which  the 
undersigned  in  their  note  of  Aug.  24th,  made  on 
the  propositions  then  brought  forward  on  the  part 
of  the  British  government,  they  remarked,  that 
those  propositions  were  neither  founded  on  the  ba- 
sis of  Mti  possidetis,  nor  that  of  status  ante  helium. 
But  so  far  were  they  from  suggesting  the  uti  possi- 
detis as  the  basis  on  which  they  were  disposed  to 
treat,  that  in  the  same  note  they  expressly  stated, 
that  they  had  been  instructed  to  conclude  a  peace 
on  the  principle  of  both  parties  restoring  whatever 
territory  they  might  have  taken.  liiC  undersign- 
ed also  declared  in  that  note,  that  they  had  no  au- 
thority to  cede  any  part  of  the  territory  of  the  Uni- 
ted States,  and  that  to  no  stipulation  to  that  effect 

*  State  Papeid,  vol.  9,  427. 


i  '  .i 


f:%\ 


iPr;,, 


; 


n 

would  iKey  subscribe :  and  in  the  note  of  the  9th 
of  September,  after  having  shewn  that  the  basis  of 
uti  possidetis^  such  as  it  was  known  to  exist  at  the 
commencement  of  the  negotiatioiTj  gave  no  claim 
to  his  Britannic  Majesty  to  cessions  of  territory, 
founded  upon  the  right  of  conqvic  3t,  they  oiided 
that  even  if  the  chances  of  wrr  shoiili  g'/e  to  \he 
British  arms  a  mcmentary  posse«,^ion  of  other  parts 
of  the  territory  of  the  United  States,  such  events 
would  not  alter  their  views  with  regard  to  *he 
terms  of  peace  to  whicli  they  would  give  their 
consent. 

**  I'he  undersigned  can  on)y  now  repeat  those 
dcf:l'^xatior.,^j  and  decline  treating  upon  the  basis  of 
ytj  possidetis,  or  upon  any  other  principle  involving 
n  (fssiop  of  any  part  of  the  territory  of  the  United 
Slates f  as  they  have  uniformly  stated,  they  can  only 
treat  upon  the  principle  of  a  mutual  restoration  of 
whatever  territory  may  have  been  taken  by  either 
party.  From  this  principle  they  cannot  recede, 
and  the  undersigned,  after  the  repeated  declara- 
tions of  the  British  Plenipotentiaries,  that  Great 
Britain  had  no  view  to  the  acquisition  of  territory 
in  this  negotiation,  deem  it  necessary  to  add,  that 
the  utility  of  its  continuance  depends  on  their  ad- 
herence to  this  principle."* 

In  a  letter  dated  Ghent,  October  25,  1814,  from 
the  American  Commissioners  to  the  Secretary  of 
State,  they,  after  stating  that  an  article  had  been 

*  State  Papcrj*,  rol.  P        i.J8. 


18 

reduced  to  writing,  securing  merely  an  Indian  pa- 
cification, had' been  agreed  to  be  accepted,  sub- 
ject to  the  ratification  or  rejection  of  the  govern- 
ment of  the  United  States,  say,  "  But  will  perceive 
that  our  request  for  the  exchange  of  a  project  of 
a  treaty  has  been  eluded,  and  that  in  their  last 
note,  the  British  Plenipotentiaries  have  advanced 
a  demand,  not  only  new  and  inadmissible,  but 
totally  incompatible  with  their  uniform  previous 
declarations,  that  Great  Britain  had  no  view  in  thi^ 
negotiation  to  any  acquisition  of  territory.  It  will 
be  perceived,  that  this  new  pretension  was  brought 
forward  immediately  after  the  accounts  had  been 
received,  that  a  British  force  had  taken  possession 
of  all  that  part  of  the  State  of  Massachusetts  sit- 
uated east  of  Penobscot  river."* 

It  having  been  shewn,  in  the  first  part  of  this 
report,  what  the  lines  between  Massachusetts  and 
Nova  Scotia,  and  Massachusetts  and  the  province 
of  Quebec,  as  formed  and  established  by  the  go- 
vernment were,  prior  to  the  provisional  treaty, 
and  the  definitive  treaty  of  peace  of  1783,  and  the 
investigation  which  took  place,  and  the  care  and 
diligence  with  which  the  subject  was  examined,  by 
the  commissioners  of  both  governments,  and  the 
cabinet  of  Great  Britain,  and  that  it  was  the  in- 
tention of  both  governments,  to  adopt  the  lines 
above  mentioned,  as  a  part  of  the  boundary  of  ^he 
TToi*ed  St.^tes,  and  that  the  treaty  itself,  in  de- 


*  State  Papers,  vol.  9,  p.  375. 


10 


74 


h  •■■ 


(     i' 


■n\m 


■  h 


dcribing  the  boundary,  contains  almost  the  precise 
language  which  the  British  had  often  used  in  re- 
lation to  the  same  lines ;  it  having  also  been  shewn 
that  the  only  difficulty  in  relation  to  the  line  arose 
from  the  uncertainty  as  to  what  river  was  truly  in- 
tended by  the  river  St.  Croix,  and  which  uncer- 
tainty arose  from  facts  and  circumstances  which 
existed  long  before,  and  at  the  time  of  concluding 
the  treaties,  and  which  were  not  removed  by  the 
treaty,  in  consequence  of  the  river  St.  Croix  not 
being  designated  with  any  more  particularity,  than 
it  was  before,  in  the  patents,  charters,  acts  of 
Parliament,  and  documents,  in  which  it  had  been 
mentioned ;  and  also,  that  in  the  discussions  on  the 
subject  betweeij  the  governments  of  the  United 
States  and  Great  Britain,  it  bad  been  admitted, 
more  especially  by  the  agent  for  the  latter  that  let 
the  Commissioners  designate  what  river  they  would 
as  the  river  St.  Croix,  truly  intended  by  the  treaty 
of  peace,  from  the  source  of  that  river  the  line 
run  due  north  to  the  highlands,  the  southern  hue 
of  the  government  of  Quebec,  and  the  northern 
line  of  Massachusetts,  and  the  province  of  Nova 
Scotia,  and  in  any  event  even,  jf  they  adopted  the 
most  western  point,  which  he  described  as  the 
head  of  the  river  St.  Croix,  the  line  running  north, 
must  cross  the  river  St.  John  to  the  highlands  di- 
viding the  waters  which  fall  into  that  river,  from 
those  which  fall  into  the  river  St.  Lawrence.* 


•  Appendix  11. 


t 


7B 


It  also  having  been  further  shown,  that :!{ since 
1798,  when  the  river  St.  Croix  was  designatW  by 
the  Commissioners  under  the  treaty  of  1794,  from 
all  the  correspondence  and  treaties,  which  had 
been  formed  or  proposed  * o  be  formed  by  the  Com^ 
missioners  of  the  two  governments  the  right  of  the 
United  States  had  not  been  considered  any  way 
doubtful,  and  the  whole  object  of  the  arrange- 
ments thus  attempted  to  be  made  had  been  limited 
to  surveying  and  marking  the  line. 

With  a  recurrence  to  these  facts  and  circum- 
stances, a  more  particular  attention  to  the  corres- 
pondence which  preceded  the  treaty  of  Ghent, 
which  is  herein  before  quoted,  to  the  end  that  the 
true  intent  and  meaning  of  the  contracting  parties 
in  the  fifth  article  of  that  treaty  may  be  more  clearly 
ascertained  and  better  understood,  is  not  deemed 
unimportant. 

The  British  Commissioijors  ask  a  revisioi;  of  the 
Boundary  line  between  the  United  States  and  die 
adjacent  British  Colonies,  disclaiming  expressly  tt 
the  same  time,  any  disposition  to  acquire  an  in- 
crease of  territory,  and  limiting  their  proposition 
to  the  simple  fact,  of  so  ascertaining  the  line  as  to 
prevent  uncertainty  and  dispute.  Such  was  their 
lirst  proposition  ;  but  as  the  conferences  progress- 
ed, they  in  some  measure  varied  their  proi  ^^iiion, 
and  instead  of  asking  simply  a  revision  of  the  line, 
to  prevent  uncertainty  and  dispute,  they  ask  a  di- 
rect communicition  from  Halifax  and  the  province 
o^  New-Brunsv/n^k  to  Quebec  ;  and  when  they  are 


;^^l 


76 

requested  to  explain,  explicitly  declare  that  it  mui3t 
be  done  by  a  cession  of  that  portion  of  the  District 
of  Maine  which  intervenes  between  New-Brunswick 
and  Quebec  and  prevents  a  direct  communication. 

Ho»x  tinoy  clearly  and  distinctly  ask  the  territo- 
ry ci8  a  session,  thereby  conceding  the  title  is  not 
in  them,  which  the  subordinate  agents  since  ap- 
pointed, have  had  the  ingenuity  to  claim  as  a  right. 
The  American  ('om'Tiissioners  most  clearly  and 
explicitly  deny  any  authority  on  their  part,  to  cede 
any  portion  of  the  territory  asked  of  them,  wheth- 
er to  secure  the  right  of  passage  between  their 
different  provinces  or  otherwise,  and  the  denial  is 
repeated  as  often  as  the  subject  recurs  in  the  con- 
ferencef-  or  correspondence. 

The  British  Commissioners,  in  giving  a  con- 
struction to  their  own  proposition  for  securing  a 
direct  communication  between  New  ij  runswick  and 
Quebec,  say  "  their  proposal  left  it  open  to  the 
American  Commissioners,  to  demand  an  equivalent 
for  such  cession  in  territory  or  otherwise.''^  Here  our 
right  is  again  conceded,  in  language  which  ad- 
mits no  doubt,  for  the  supposition  that  the  British 
won!d  consent  to  purchase  of  us  that  territory  to 
which  they  had  title,  is  absurd  and  preposterous. 
The  British  are  too  vigilant  in  their  negotiations, 
to  overlook  their  own  claims,  whether  well  or  ill 
founded.  They  lire  not  generous  beyond  what 
their  interest  /  :;tatcs,  nor  are  they  liable  to  the 
imputation  oi  undue  or  disinterested  generosity  in 
their  negotiations. 


'""-p> 'l\f  ^"* 


ll'-Jf 


The  American  Mii  ters  most  explicitly  Btntcd, 
that  they  were  not  instructed  to  agree  to  any  re- 
vision of  the  line  where  no  uncertainly  or  dispute 
existed,  and  that  they  could  perceive  no  uncertain- 
ty or  matter  of  douht  in  the  treaty  of  17H3,  with 
regard  to  that  part  of  the  boundary  of  the  District 
of  Maine,  which  would  be  effected  by  the  proposal 
of  Great  Britain  on  the  subject— That  they  never 
understood  that  the  British  Plenipotentiaries  who 
signed  that  treaty,  had  contemplated  a  boundary 
different  from  that  fixed  by  the  treaty,  and  which 
requires  nothing  more,  in  order  to  be  definitively  ascer- 
tained than  to  be  surveyed  in  conformity  with  its  pro- 
visions.^^ The  subject  not  having  been  a  matter  of 
uncertainty  or  dispute,  they  were  not  instructed 
upon  it,  and  had  no  authority  to  cede  any  part  of 
the  State  of  Massachusetts,  even  for  what  the  Bri- 
tish might  consider  a  fair  equivalent.    '    '    •  t 

To  wh.ch  the  British  Ministers  replied,  that  al- 
though the  American  Commissioners  acknowledg- 
ed themselves  to  be  instructed  to  diicuss  the  re- 
ision  of  the  boundary  line,  yet  by  assuming  to  de- 
cide for  themselves  what  was  or  what  was  not  a 
subject  of  uncertainty  or  dispute,  they  had  render- 
,  ed  their  powers  nugatory  or  inadmissibly  partial. 

The  American  Commissioners  having  f*tated  their 
construction  of  the  treaty  of  1783,  ^a  it  applied 
to  the  line  between  Maine,  and  the  Provinces  of 
Nova  Scotia  and  Canada,  say  that  they  have  not 
pretended  to  assume  any  thing,  but  shall  persevere 
in  their  opinions  until  the  British  Commissioners 


;:i^ 


•'J'-. 


.'•# 


'■':    I,:    :     !■ 


A' 


I 


II   . 


n 


II 


should  point  out,  in  what  respec:  the  part  of  the 
boundary,  which  would  be  affeGteci  by  their  propo- 
sal, is  such  a  subject  of  uncertainty  or  dispute. 
That  all  the  doubts  which  could  have  ever  existed  in 
relation  to  the  Une,  were  settled  under  the  treaty  of 
1794,  and  were  prepared  to  propose  the  appoint- 
ment of  Commissioners  to  extend  the  lines  to  the 
highlands  in  conformity  to  the  treaty  of  1783. 
That  the  proposition  of  the  British  was  to  vary 
those  lines  by  obtaining  a  cession  of  the  territory 
between  New-Brunswick  and  Quebec,  although 
that  territory  was  unquestionably  included  within 
the  boundary  lines  fixed  by  the  treaty. 

Although  the  subject  is  again  thus  clearly  pressed 
upon  the  consideration  of  the  British  Commission- 
ers, and  they  are  called  upon  to  point  out  any  un- 
certainty or  dispute,  or  cause  of  uncertainty  or 
dispute,  in  relation  to  the  boundary,  with  a  perfect 
understanding,  that  their  acquiescence  would  be 
taken  as  the  admission  of  the  fact,  to  wit,  that 
there  was  no  uncertainty  or  dispute  as  to  the  boun- 
dary line ;  they  pointed  out  no  uncertainty,  but 
contented  themselves  by  saying  the  *'  British  Go- 
vernment never  required  that  all  that  portion  of 
Massachusetts  which  intervenes  between  the  pro- 
vince of  New-Brunswick  and  Quebec  should  be 
ceded  to  Great  Britain^  but  only  that  small  portion  of 
territory  which  interrupts  the  communication  between 
Halifax  and  Quebec  (there  being  much  doubt  whe- 
ther it  does  not  already  belong  to  Great  Britain.") 
Here  no  uncertainty  or  dispute  is  pointed  out,  they 


-' -  ^^: 


m 


do  not  once  say  the  line  stops  at  Mars  hill,  or  any 
other  pohit,  but  admit  that  it  does  not,  by  invaria- 
bly asking  the  territory,  or  a  communication  be- 
tween New  Brunswick  and  Quebec  or  Halifax  and 
Quebec  as  a  cession.  Instead  of  meeting  the  pro- 
position of  the  American  Commissioners,  in  the 
frankness  and  candor  with  which  it  was  made,  they 
do  Jio  more  than  superadd  a  doubt,  which  the 
whole  correspondence  shows  they  did  not  believe, 
perhaps  with  a  glimmering  hope  that  the  British 
Government,  might  find  some  daring  Agent  who 
would  have  the  hardihood  to  claim,  and  by  ingeni- 
ous sophistry  endeavour  to  maintain,  as  a  right, 
that  which  from  their  convictions  of  right  and  jus- 
tice, they  requested  only  as  a  cession ;  some  one  who 
would  not  be  restrained,  by  that  high  minded  and 
honourable  course,  which  ought  ever  to  be  pre- 
served, to  maintain  the  relations  of  pc^ce  and  har- 
mony between  nations  ;  but  would  sacrifice  every 
consideration  of  that  kind  to  acquire  a  temporary 
advantage  regardless  of  its  future  results.  :wtU> 
After  the  British  had  trken  military  possession 
of  Castino,  and  claimed,  h  im  that  circumstance, 
the  military  possession  of  the  territory  of  the  State 
of  Maine,  east  of  Penobscot  river,  and  having  al- 
together failed,  eyen  in  the  prospect  of  obtaining 
any  part  of  the  State  of  Maine  by  cession,  they 
change  tbeir  proposition,  and,  to  effect  the  same 
object,  propose  the  principal  of  uti  possidetis  as  the 
basis,  subject  to  such  modifications  as  mutual  con- 
venience may  be  found  to  require.    To  this  pro- 


•'Y'^'^r'''- 


11 


1^' 


;  ""^Sf^r 


position,  the  American  Commissioners  promptly 
and  unequivocally,  as  they  had  done  on  all  other 
occasions^  'refused  treating  "  on  the  principle  of 
uti  possidetis i  or  upon  any  other  principle  involving 
a  cessioii  of  any  part  of  ti»p  territory  of  the  United 

Caa  it  for  a  moment  1)e  supposed,  that  when  the 
British  Commissioners  so  often  requested  the  ter- 
ritory a>  a  cession,  and  expressed  a  disposition  to 
give  a^  equivalent,  if  it  would  be  received,  and 
when  they  were  as  often  and  peremptorily  denied, 
on  the  ground  of  total  want  of  authority  to  cede, 
that  it  was  the  intention  of  the  Commissioners  to 
do  any  thing  mere,  than  to  provide  for  the  survey 
and  marking  of  the  lines,  and  to  guard  against  any 
possible  difficulties  of  a  minor  character  such  as 
the  variation  of  the  needle,  or  the  precise  spot, 
where  the  corner,  io  wit,  the  northwest  angle  of 
Nova  Scotia,  should  be  fixed,  on  the  range  of  high- 
lands, limiting  the  sources  of  those  rivers  which 
empty  themselves  into  the  river  St.  Lawrence,  or 
some  other  possible  difficulties  of  a  similar  charac- 
ter none  of  which  would  vary  the  lines  materially, 
or  in  any  important  degree,  to  either  government? 
When  the  whole  is  fairly  and  candidly  examined, 
such  must  be  the  conclusion.  No  other  conclusion 
can  be  made,  unless  it  be  on  the  ground  that  the 
American  Commissioners  undertook  to  exercise  a 
power,  which  they  so  often  and  explicitly  declared 
to  the  British,  they  did  not  possess,  and  if  thev  did 
exercise  a  power  which  they  did  not  possess,  their 
acts  were  not  obligatory  upon  the  government. 


m 


81 


A  careful  examination  of  the  fifth  article  of  the 
treaty  of  Ghent,  does  not  involve  a  conclusion, 
that  the  Commissioners  departed  from  the  powers 
given  them,  and  their  repeated  and  reiterated  de- 
clarations.    The  part  of  the  article  relating  to  the 
point  under  discussion,  is  as  follows:    "Whereas 
neither  that  point  of  the  highlands,  lying  due  north 
from  the  source  of  the  river  St.  Croix,  and  desig- 
nated in  a  former  treaty  of  peace  between  the  two 
powers,  as  the  northwest  angle  of  Nova  Scotia, 
nor  the  northwestermost  head  of  Connecticut  river, 
has  yet  been  ascertained,  and  whereas  that  boundary 
line  between  the  dominions  of  the   two  powers, 
which  extends  from  the  source  of  the  river  St. 
Croix,  directly  north,  to  the  above-mentioned  angle 
of  Nova  Scotia,  thence  along  the  said  highlands 
which  divide  those  rivers  that  empty  themselves 
into  the  river  St.  Lawrence,  from  those  which  fall 
into  the  Atlantic  Ocean,  to  the  northwestermost 
head  of  Connecticut  river,  thence  down  along  that 
river  to  the  forty-fifth  degree  of  north  latitude,  due 
west  by  a  lino  on  said  latitude,  until  it  strikes  the 
river  Iroquois  or  Cetaraguv,   has  not  yet  been 
Burveycd ;   it  is  agreed  for  these  several  purposes, 
two  Commissioners  shall  be  appointed,  sworn  and 
authorized  to  act  exactly  in  the  manner  directed 
with  respect  to  thoso  mentioned  in  the  next  pre- 
ceding article,  unless   otherwise  specified   in  the 
prouent   article.     The   said   Commissioners   shall 
have  power  to  ascertain  the  points  abovementioned, 
in  conformity  with  the  provisions  of  the  said  treaty 
11 


t; 


i 


K 


*    • 


82 


of  peace  of  one  thousand  seven  hundred  and  eighty 
three,  and  shall  cause  the  boundary  aforesaid  to 
be  surveyed  and  marked  according  to  the  said  pro- 
visions. The  said  Commissioners  shall  make  a 
map  of  said  boundary,  and  annex  it  to  a  declara- 
tion under  their  hands  and  seals,  certifying  it  to  be 
a  true  map  of  said  boundary,  and  particularizing 
the  latitude  of  the  northwest  angle  of  Nova  Scotia, 
and  of  the  northwestermost  head  of  Connecticut 
river,  and  of  such  other  points  of  said  boundary  as 
they  may  deem  proper." 

Here  the  question  may  be  repeated,  has  Nova 
Scotia  two  northwest  angles?  or  an  ideal  one, 
placed  where  the  "cm/?26?%"  or  the  interested 
views  of  either  party  may  dictate  ?  or  is  the  north- 
west angle  of  Nova  Scotia,  the  northwest  angle  of 
Nova  Scotia  as  established  by  the  Crown  and 
Government  of  Great  Britain,  adopted  by  the  treaty 
of  1783,  and  recognized  in  the  discussions  by  the 
Agents  under  the  fifth  article  of  the  treaty  of  1794, 
and  also  recognized  by  all  subsequent  discussions 
between  the  United  States  and  Great  Britain?  It 
cannot  be  reasonably  supposed,  that  the  Commis- 
sioners had  any  other  angle  in  view,  especially  as 
the  article  seems  to  recognize  and  place  the  loca- 
cation  of  the  angle  on  the  construction  of  the  trea- 
ty of  1783,  explained  as  it  was  by  the  treaty  of 
1794,  and  the  discussions  under  that  treaty.  It 
cannot  be  supposed  that  the  British  Commissioners 
expected  to  gain,  that  which  thoy  had  requested  as 
a  cession,  or  the  American  Commissioners  expect- 


:i   t 


83 

0(1  to  loose  any  thing  which  they  had  denied,  from 
the  language  used  and  references  made  in  the  ar- 
ticle above  quoted  ;  but  it  is  to  be  supposed,  that 
both  parties  in  agreeing  to  the  article,  limited  to 
the  description  in  the  treaty  of  1783,  as  the  same 
had  been  defined  and  the  rights  of  the  parties  un- 
der it  had  been  explained  by  direct  and  implied 
acknowledgments  of  its  true  construction,  from  the 
time  of  its  adoption,  intended  simply  to  provide  for 
the  survey  and  marking  of  the  line.  No  other 
conclusion  can  follow,  unless  it  be  supposed,  that 
the  high  minded  and  honourable  men,  who  nego- 
tiated the  treaty,  did  on  the  one  part  resort  to 
the  most  despicable  chicanery,  and  the  other  to  a 
gross  and  palpable  violation  of  the  power  and  au- 
thority to  them  delegated ;  neither  of  which  can 
be  true.  It  follows  then,  that  to  fulfil  this  article, 
nothing  more  was  required,  than  to  survey  and 
mark  the  Hncs,  and  that  the  difficulties  which  could 
arise,  if  any,  were  of  minor  consequence,  not  in- 
volving in  any  event,  but  a  trifling  extent  of  terri- 
tory, and  of  little  importance  to  either  government, 
and  by  no  means  involving  the  title  to  the  inter- 
vening territory  between  yew  Brunswick  and 
Quebec,  which  had  often  been  sought  as  a  cession, 
to  secure  a  direct  communication,  and  as  often 
denied. 

If  the  Agents  and  Commissioners  of  the  two  go- 
vernments have  departed  from  this  plain  and  natu- 
ral interpretation  of  the  treaty,  they  must  have 
erred  from  causes  wlucli  are  creditable  to  neither. 


M. 


f^ 


84 

If  a  line  were  to  bd  established,  contrary  to  this 
obvious  construction,  it  is  to  be  foreseen,  that  the 
party  thus  deprived  of  its  rights,  would  imbibe  a 
spirit  not  to  be  subdued,  and  which  would  seek  its 
redress  whenever  it  could,  at  any  sacrifice.  If  the 
British  colonists  were  to  be  governed  by  their  true 
interests,  they  would  not  endeavour  to  acquire  any 
thing  by  construction,  against  the  true  and  com- 
mon sense  interpretation  of  all  the  treaties,  because 
in  that  they  would  discover  the  germs  of  eternal 
hostility. 

If,  in  the  prosecution  of  the  duties  under  this 
article,  the  Agent  of  the  United  States  has  miscon- 
strued and  extended  its  application  beyond  ita 
plain  and  obvious  construction,  or  had  not  a  clear 
and  distinct  view  of  the  meaning  of  the  terms 
"  highlands,  which  divide  the  waters,'''*  in  the  treaty 
of  1783,  or  was  bewildered  by  mountains,  or  moun- 
tain ranges,  when  even  mole  hills  answer  the  des- 
cription precisely,  if  they  do  "divide  the  waters 
which  flow  into  the  river  St.  Lavvrence,  from  those 
which  fall  into  the  Atlantic,"  and  if  the  British 
Agent,  in  the  prosecution  of  his  duties,  under  the 
same  article,  has  pretended  that  the  northwest 
angle  of  Nova  Scotia  is  at  Mars  hill,  and  that  the 
line  of  the  United  States  runs  southwestwardly 
from  that  point,  when  the  territory  extending  north, 
northwest,  west  and  southwestwardly,  is  claimed 
as  a  part  of  the  ancient  province  of  Nova  Scotia, 
thereby  destroying  the  northwest  angle  of  Nova 
Scoiia,  which  had  been  established  by  a  series  of 


85 

acts  of  the  British  government,  and  acknowledged 
by  them  to  this  time,  and  substituting  therefor,  a 
southwest  angle,  and,  if  from  the  course  so  absurd 
and  preposterous  in  itself,  ingenuity  should  obtain 
a  temporary  triumph  over  right,  a  question  will 
arise,  growing  out  of  the  nature  of,  and  the  organ- 
ization of  the  State  and  National  governments; 
has  the  United  States  any  constitutional  authority 
to  cede  any  part  of  an  independent  sovereignty 
composing  one  of  its  members  ? 

The  Commissioners  of  the  United  States  who 
negotiated  the  treaty  of  Ghent,  uniformly  denied 
the  right  of  cession,  but  whether  they  founded 
their  denial  on  the  want  of  authority  in  the  instruc- 
tions given  them,  or  upon  the  Constitution  of  the 
United  States,  is  not  perfectly  clear ;  if  upon  the 
first,  they  adopted  a  right  course ;  if  upon  the  last, 
their  course  was  also  right,  and  there  must  be  per- 
fect harmony  of  opinion,  because  either  principle 
preserves  the  rights  of  the  individual  States.  On 
this  subject  it  may  be  important  to  consider  the 
object  and  nature  of  the  association  of  the  States, 
which  led  to  the  adoption  of  the  Constitution. 

The  general  government,  which  had  originated 
in  the  oppression  of  Great  Britain  and  been  sus- 
tained by  the  pressure  of  an  external  enemy,  and 
had  carried  the  country  through  tho  Revolution, 
when  peace  was  restored,  was  found  to  be  too  fee- 
ble for  any  valuable  purpose  to  the  States.  Its  in- 
herent defects  had,  by  a  few  years  experience, 
been  shewn,  and  the  States  for  want  of  general 


J'.   !    ., 


<«; 


'-'i| 


-I 


!;:  0- 


86 

union  were  in  danger  of  degenerating  and  falling 
into  anarchy,  and  of  becoming  a  prey  to  each  other, 
or  any  foreign  nation.  The  independent  sove- 
reignties saw  the  necessity  of  associating  anew, 
which  they  did,  and  in  that  association  mtftually 
delegated  liitiited  parts  of  their  sovereigr.  power 
for  the  greater  security  of  those  retained. 

As  in  the  first  confederation  mutual  defence  and 
protection  was  a  primary  object,  so  it  was,  in  ihe 
last  confederation ;  a  mutual  protection,  not  limi- 
ted to  the  personal  rights  of  individuals,  but  ex- 
tended to  the  full  and  free  exercise  of  the  whole 
sovereign  power,  not  delegated,  to  the  extent  of 
the  territorial  jurisdiction  of  the  State.  "With  this 
view  of  the  object  of  the  confederation,  composed 
as  it  was  of  independent  sovereignties,  it  cannot 
be  supposed  that  they  ever  intended  to  give  to  the 
general  government  any  power  by  which  they  might 
be  destroyed  and  consolidated,  or  by  which  even 
their  rights  of  sovereignty  and  jurisdiction  might 
be  abridged.  It  has  never  been  pretended  that 
Congress  has  the  power  of  taking  from  one  State 
and  giving  to  another,  or  to  incorporate  new  States 
within  the  limits  of  old  ones  ;  nor  has  it  ever  claim- 
ed to  exercise  such  a  power.  The  most  it  has 
ever  done,  or  has  a  constitutional  right  to  do,  has 
been,  to  give  its  consent  to  the  compact  made  be- 
tween the  parties  immediately  interested,  and  to 
admit  the  new  State  into  the  Union. 

If  Congress  do  possess  the  power  of  ceded  any 
portion  of  an  independent   State,  they  possess  a 


87 

power  to  "break  down  the  State  sovereignties  by 
which  they  were  created,  and  at  their  pleasure  to 
produce  a  consolidation  of  those  sovereignties ;  a 
power  which  was  never  delegated  or  intended. 
If,  therefore,  the  Congress  of  the  United  States 
attempt  to  exercise  such  a  power,  the  State  thus 
deprived  of,  or  limited  in  its  rights  of  sovereignty, 
must  submit,  or  enforce  its  rights. 

The  rights  of  protectipn  in  the  exercise  of  the 
sovereign  power  of  the  State  are  equal,  whether  it 
is  an  exterior  or  interior  State,  and  Congress  can 
have  no  more  constitutional  right  to  take  from 
Maine  and  cede  to  New-Brunswick,  than  they 
have  to  take  from  Virginia  a  part  of  her  territory, 
and  cede  it  to  North  Carolina.  Congress  has  not 
claimed  to  exercise  such  a  power,  for  the  construc- 
tion of  the  treaty  of  Ghent  herein  before  given 
does  not  involve  such  a  power,  unless  from  a  mis- 
construction of  its  provisions,  limiting  as  it  does 
the  whole  power  of  the  commission  to  the  survey- 
ing and  marking  of  the  lines,  and  erecting  its  mon- 
uments, according  to  the  treaty  of  1783. 

But,  it  will  at  once  be  seen,  if  the  government 
of  the  United  States  yield  to  the  misconstructions 
of  the  agents,  so  far  as  to  be  endangered  by  the 
result,  that  by  the  misconstructions  of  the  one  and 
the  ingenuity  of  the  other,  arising  from  a  strong 
desire  to  acquire  for  his  country  the  territory  which 
had  been  so  often  but  unsuccessfully  sought  as  a 
cession,  and  by  its  final  result  the  lines  of  the  State 
of  Maine  are  materially  changed,  she  will  be  as 


88 


iijiii, 


l|i 


"!-^ 


■i 


much  dispossessed  of  her  territory  and  sovereign- 
ty, as  she  would  have  been  by  a  direct  exercise  of 
the  power  of  cession.  The  one  mode  equally  with 
the  other  involves  an  assumption  of  power  which 
was  never  delegated.  If  such  an  unfortunate  oc- 
currence ever  arises,  from  any  cause,  the  duty 
which  the  State  owes  herself  and  her  sister  repub- 
lics is  plain. 

While  it  is  the  duty,  as  well  as  the  interest,  of 
individuals,  as  well  as  States,  to  yield  a  peaceable 
and  quiet  obedience  to  every  exercise  of  consti- 
tutional power  on  the  part  of  the  government  of 
the  United  States,  it  is  equally  their  duty,  and  their 
interest  to  resist  all  encroachments  on  the  rights 
which  they  have  reserved.  If  a  part  of  the  State 
of  Maine  should  be  surrendered  by  the  govern- 
ment of  the  United  States,  either  by  a  direct  or 
indirect  exercise  of  the  power  of  cession,  it  will 
then  be  a  duty  which  she  owes  herself,  to  consider, 
whether  she  has,  by  such  an  invasion  of  her  rights^ 
lost  her  right  of  sovereignty  and  jurisdiction.  Such 
an  exercise  of  power  can  have  no  obligatory  force, 
and  unless  Maine  quietly  and  peaceably  submits, 
it  will  be  the  duty  of  the  States ;  a  duty  imposed 
by  the  Federal  Government,  to  afford  her  aid  and 
protectioji,  and  to  aid  her  in  regaining  her  rights. 

From  the  provisional  treaty  of  peace  in  1782  to 
the  treaty  of  Ghent,  for  a  period  of  more  than  thirty- 
two  years,  the  British  always  conceded  our  title 
and  our  rights,  whenever  the  subject  was  present- 
ed in  the  discussions  between  them  and  the  United 


li 


*■«!,'.,•■.'»< 


States.  Even  in  the  arq;ument  of  the  British 
Agent  under  the  fourth  article  of  the  treaty  of 
Ghent,  deUvered  before  the  Commissioners  in  Sep- 
tember 1817,  after  the  Board  under  the  fifth  arti- 
cle of  the  san.  <  <'>reaty,  and  the  agents  had  made 
their  agreemer..  for  a  survey  he  unequivocally  ad- 
mits and  shows  our  title.  He  &  lys,  "  That  the  north- 
west angle  of  Nova  Scotia  mentioned  in  the  treaty 
as  the  commencing  point  in  the  boundary  of  the 
United  States  is  the  iiorm\rv  st  angle  of  the  said 
Province  of  Nova  Scotia,  designated  in  the  grant 
to  Sir  William  Alexa^idc'  in  1621,  subject  only  to 
s«j  !h  alteration  as  was  occTisioned  by  the  erection 
oi  the  Province  of  Quebec,  1763."  ,  ..^ 

Since  the  treaty  of  Ghent  and  the  entire  failure  on 
the  part  of  the  British  to  obtain  the  territory  by 
cession  or  purchase,  and  since  September,  1817, 
they  have  pretended  to  claim  it  as  a  right,  and  do, 
in  fact,  pretend  to  claim  a  much  greater  extent 
than  they  had  ever  sought  by  way  of  cession,  by  ex- 
tending the  claim  much  furt!  r,  south  and  west, 
than  is  necessary  to  secure  u  communication  be- 
tween Halifax  and  Quebec-  ^  '       ^ 

The  idea  of  claim,  as  they  at  present  make  it, 
probably  originated  with  some  of  their  subjects  in 
the  provinces,  who,  having  a  great  desire  to  hold 
the  country,  endeavour?'!  >o  stimulate  the  govern- 
ment of  Great  Britain,  thai  she. might,  by  some 
means,  be  induced  to  obtain  it.  In  order  to  show 
the  origin  as  well  as  the  substance  of  their  claim, 
as  they  now  make  it,  the  following  extract  is  made 
12 


yi 


90 


lliiili' 


I,      r 


from  a  work  published  a  little  before  the  organi- 
zation of  the  commission  under  the  filith  article  of 
the  treaty  of  Ghent,  entitled  "  A  Topographical  de- 
scription of  the  Province  of  Lower  Canada,  with 
remarks  upon  Upper  Canada,  and  on  the  relative 
connexion  of  both  Provinces  with  the  United  States 
of  America,  by  Joseph  Bouchette,  Surveyor  Gen- 
eral of  Lower  Canada,  Col.  C.  M."  This  work 
was  dedicated  to  the  present  King,  George  IV. 
then  Prince  Regent,  and  was  accompanied  with 
splendid  maps.  Col.  Bouchette  was  attached  to 
the  commission  under  the  fifth  article  of  the  trea- 
ty of  Ghent,  at  the  commencement,  as  principal 
surveyor  on  the  part  of  the  British. 

He  says,  "  the  height  of  land  on  which  the  boun- 
dary is  supposed  to  pass,  runs  to  the  northeast  and 
divides  the  waters  that  fall  into  the  St.  Lawrence 
from  those  flowing  into  the  Atlantic,"  and  which 
hf^igh^  after  runningsome  distance  upon  that  course 
sendi^  off  a  branch  to  the  eastward,  that  separates 
the  head  of  the  Thames  falling  into  Lake  Temis- 
couata  and  river  St.  John,  and  by  that  channel  into 
the  bay  of  Fundy  from  those  that  descend  in  a 
more  direct  course  to  the  Atlantic. 

*'  The  main  ridge  continuing  its  northeasterly  di- 
rection is  intersected  by  an  imaginary  line,  pro- 
longed in  a  course  astronomically  due  north'Cfrom 
the  head  of  the  river  St.  Croix,  and  which  ridge 
is  supposed  to  be  the  boundary  between  Lower 
Canada  and  the  United  States ;  at  least  such  ap- 
pears to  be  the  way  in  which  the  treaty  of  1783  is 


the 


n 


,;!',' I' "ll: 


91 

construed  by  the  American  Governmentt  but  which 
ought  to  be  more  fairly  understood  as  follows  to 
wit :  That  the  astronomical  Hne  runniag  north  from 
the  St.  Croix  should  extend  only  to  the  first  easterly 
ridge,  and  thence  run  westerly  along  the  crest  of 
the  said  ridge  to  the  Connecticut,  thereby  equita- 
bly dividing  the  waters  flowing  into  the  St.  Law- 
rence from  those  that  f^r  into  the  Atlantic, 
within  the  limits  of  the  States,  and  those 

that  have  their  streams  British  province 

of  New-Brunswick.     It  ia  ant  and  must  al- 

ways have  been  in  contemplation,  that  an  unin- 
terrupted communication  and  connexion  should 
exist  between  all  his  Majesty's  North  American 
possessions ;  but  by  the  manner  in  which  the  trea- 
ty is  insisted  upon  by  the  opposite  party,  a  space 
of  more  than  eighty-five  miles  would  be  placed 
within  the  American  limits,  by  which  the  British 
provinces  would  be  completely  secured  ;  it  would 
also  prove  the  inconvenience  of  having  the  mail, 
from  England  to  Quebec,  carried  Oi^er  that  dis- 
tance of  American  territory,  and  which  may  be 
deemed  either  a  matter  of  indulgence  or  com- 
plained of  as  an  encroachment,  according  to  the 
transfer  of  the  times.  Within  this  tract  is  also 
the  Madawaska  settlement,  consisting  of  nearly 
t/vo  hundred  families  all  holding  their  grants  from 
the  British  Government.  England  at  all  times  high 
minded  and  generous,  never  shrinks  from  the  ful- 
filment of  her  engagements  even  though  from  the 
want  of  political  acuteness  in  the  persons  employ- 


V.,  .:'-.Z3 


l-kJ 


t> 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


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1.25 


2.5 


i^  1^    ill  2.2 

^  lis  llll|2£ 


1.4 


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1.6 


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<:* 


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7 


Photographic 

Sciences 

Corporation 


33  WIST  MAIN  STRUT 

WnSTiR.N  Y.  U5B0 

(716)  •72-4503 


4< 


^^^4^ 


i    *  ■    \ 


\  I 


92 


i.,a:J.. 


■1  -I 


h!i 


ed,  they  may  Itair^  bedn  fbhned  iA^  a  ihanii^r  pl%- 
jiidical  to  her  interests.  But  at  the  same  time 
she  has  a  right  to  require  that  the  interpretation 
of  them  should  not  be  overstrained  or  twisted  from 
the  obvious  meaning  and  intent,  by  a  grasping  cu- 
pidity after  a  few  miles  of  country  which  could  be 
of  little  advantage  to  the  opposite  party."  v* '  # 
^  The  above  extract  has  been  made,  because  it 
shews  the  whole  of  the  British  claim  as  they  have 
since  made  it,  as  well  as  the  substance  of  all  the 
arguments  they  have  urged  in  its  support;  all 
which  has  since  been  doiie  by  them,  whether  in 
making  surveys,  collecting  documents,  or  making 
arguments,  for  a  period  of  more  than  five  years, 
has  not  placed  their  pretensions  in  a  stronger 
light.  If  subsequent  occurrences  have  given  their 
claim  any  additional  plausibility,  it  can  only  be  at- 
tributed to  the  Agents  having  transgressed  the 
authority  given  them  by  the  treaty,  and  discussed 
a  claim  which  was  not  submitted.  Here  it  is 
wholly  unnecessary  to  repeat  the  facts  and  docu- 
ments herein  bef  re  quoted  or  referred  to — a  mere 
recurrence  to  them  and  placing  them  in  opposition 
to  the  British  argument,  shows,  to  use  no  harsher 

term,  its  total  absurdity.  '  •  '     .  v  //.? 

.  The  argument  seems  to  be  addressed*^  to  the 
pride  of  the  British,  and  vanity  of  the  Americans. 
—As  it  relates  to  the  British,  the  argument  has 
had  its  effect,  but  as  it  relates  to  the  Americans, 
it  has  been  a  little  too  gross  'O  deceive.  If  the 
discovery  had  been  made  more  seasonably,  it  might 


98 

have  acquired  a  temporary  appearance  of  plauBi- 
bility,  but  when  the  subject  had  come  before  Par- 
liament and  had  also  been  under  discussion  by  the 
Commissioners  and  Agents  of  the  two  governments, 
and  last  of  all,  when  the  British  Commissioners 
had  perseveringly  sought  the  territory,  in  every 
form  as  a  cession,  from  seventeen  hundred  and 
eighty-two  to  eighteen  hundred  and  fourteen,  a  pe- 
riod of  thirty-two  years,  the  argument  is  not  cal" 
culated  to  deceive,  and  ill  accords  with  a  character 
always  "  high-minded  and  generous j  and  which  ne- 
ver  shrinks  from  the  fulfilment  of  its  engagements.^^ 

The  territory,  from  all  our  researches  never  has 
been  claimed  ds  a  right  by  the  British  government 
or  any  of  its  Commissioners  or  Agents,  until  1817, 
after  the  Commission  under  the  fifth  article  of 
the  treaty  of  Ghent  was  organized ;  but  on  the  con- 
trary, as  has  been  before  shewn,  the  right  has  alwrys 
been  conceded  to  be  in  the  United  States.  Now 
their  claim,  stripped  of  its  verbiage,  and  translated 
into  plain  language,  rests  on  this  plain  and  simple 
proposition — the  country  lies  between  two  of  our 
provinces,  it  will  we  useful  to  us,  not  only  by  facili- 
tating communication,  but  i(:  is  important  also  in  k 
military  point  of  view — we  could  not  obtain  it  by 
cession,  though  we  were  willing  to  give  an  equiva- 
lent, but  we  want  it,  and  we  will  have  it.     •/•<'!'  «»\ 

The  State  of  Massachusetts  considering  her 
right  of  sovereignty  and  jurisdiction  co-extensive 
with  her  title,  did  not  anticipate  any  disturbance 
or  intrusion,  and  did  not  considdr  herself  under 


If'r'y' 


i.'i.': 


,;!■■. 1 '     '>;>ss-:. 


?■    ■, 


Iv: 


any  neqessity  of  cultivating  her  whple  t^Jcritory,  pr 
of  ^^epiDg  up  ,a  military  force  for  its  protection, 
.irelying  upon  the  ^go^d  fai^b  whiqh  had  appeared 
to  Ji;nanif(^t  itself  ,on  the  part  of  the  British  in  the 
negotiations  and  discussions  between  them. and  the 
^Uf)ited  States,  and  presuming  also  that  the  British, 
;y<rhenevQr  they  were  found  to  have  crossed  her 
.Unes,  would  disavow  the, act  and  restore  tl^e  coun- 
ty—rshe  haa  from  time  to  time  made  grants  of  her 
.^un^pprppriated  lands,  as  the  same  were  sought  fpr 
j)Ublic  and  private  purposes.  S|he  early  granted 
Mars  hill  to  .^ome  of  the  soldiers  of  ^he  revolution. 
In  Sept.  1806,  Massachusetts  conveyed  two  .half 
^townships,  one  to  Deerfield  and  the  other  to  West- 
field  Academies,  lying  west  of  the  township  of 
|Mars  hill,  pursuant  to  a  survey  and  plan  made  in 
conformity  with  the  provisions  of  a  resolve  which 
had  passed  some  time  before.  In  Dec.  1807,  she 
conveyed  one  township  lying  on  both  sides  of  the 
Aroostook  and  near  the  meridian  line,  from  the 
source  of  the  St.  Crc^  ^x^cording  to  a  selection, 
survey  and  plan,  mad  ader  a  resolve  passed  in 
March,  1806.  In  January,  1808,  she  conveyed  ten 
thousand  acres  lying  west  of  the  aforesaid  town- 
ship, and  on  both  sides  of  the  Aroostook,  pursuant 
to  a  survey  and  plan  made  undcjr  a  resolve  of 
March,  1806.  Had  the  residue  of  territory  been 
applied  for,  she  would  have  continued  granting  it, 
in  large  or  sujv^l  tracts,  until  she  had  grafted  the 
ivhole,  provided  the  object  of  the  grants  had  met 
her  approbatipq.j    Hence  she  not  only  exercised 


ili\ 


sovereign  power  co-extensive  with  her  title,  but^ 
also  individual  dels  of  sovereignty,  and  to  what 
extent  ^e  pleased.  ^^ 

The  restrictive  system  adopted  by  the  govern- 
ment of  the  United  States,  commencing  about  ihid 
period,  checked  the  general  business  of  the  coua-* 
try,  and  at  the  same  time  allayed  the  spirit  of  im^' 
provement  and  settlement,  and  entirely  put  a  stop 
to  speculations  in  wild  lands,  and  there  being  na 
more  applications  or  grants  of  wild  lands,  she  had  no 
occasion  to  make  them.  The  war  succeeded,  which 
still  further  checked  the  progress  of  improvement 
and  settlement,  and  several  years  were  required  to  re- 
cover from  the  diversions  occasioned  by  it ;  hence 
from  a  coincidence  of  circumstances  no  gra|ita 
were  made,    i      - 

Entertaining  no  suspicion  that  any  claim  would 
be  made  by  the  British,  or  discussed  by  the  agents, 
inconsistent  with  every  thing  which  had  transpired, 
and  especially  in  all  the  correspondence  which  had 
preceded,  and  in  the  treaty  of  Ghent  itself,  she 
could  have  had  no  reason  to  presume  that  claims 
would  be  made  and  urged,  which  could  infringe  her 
rights  of  sovereignty  and  jurisdiction.  Hence  she 
reposed  in  perfecl  confidence,  that  the  lines  would 
be  run  and  marked,  and  monuments  erected  ac- 
cording to  her  title,  as  it  had  always  been  under- 
stood by  her,  and  conceded  by  the  British,  and 
therefore  made  no  inquiries  to  ascertain  the  claims 
urged,  or  the  progress  of  the  Commission. — In 
1819  she  passed  the  act  of  separation  between  her 
and  the  district  of  Maine,  which  was  approved  by 


■  ■■<■> 


i.w. 


1»  ■  ;t  ,  .  ;    III 


r  f  ■■'i£i>     ill 


'i,  :n 


yi 


Congress  the  next  session,  and  Maine  was  admitted 
into  the  union  as  an  Independent  State — ^By  the 
act  of  separation  Massachusetts  retained  the  fee 
simple  of  a  moiety  of  the  Wild  lands,  but  the  resi- 
due, and  the  entire  sovereignty  and  jurisdiction 
was  vested  in  Maine. — Maine  having  thus  become 
an  Independent  State,  and  more  than  three  years 
having  elapsed  after  the  organization  of  the  com- 
mission under  the  fifth  article  of  the  treaty  of 
Ghent,  a  time  more  than  sufficient,  to  have  per- 
formed all  which  was  submitted  and  there  being 
reports  that  the  British  agent  was  vigilant,  and  the 
American  remiss,  and  that  surveys,  were  going  on 
in  quarters  wholly  unanticipated,  she  of  course 
became  anxious,  and  had  reason  to  fear  the  sub-^ 
jeci  was  taking  a  direction  never  in  the  contempk- 
tion  of  the  Commissioners  who  negotiated,  or  in- 
volved in  the  treaty  itself.  The  Governor  of  the 
State  noticed  the  subject,  in  the  first  message 
which  was  delivered  June  2d,  1820,  to  both  branch- 
es of  the  Legislature.  He  says,  "  What  progress 
has  been  made  under  the  fifth  article  of  the  British 
treaty  in  settling  the  eastern  boundary  of  the  State 
against  the  province  of  New  Brunswick,  and  the 
northern  boundary  against  that  of  Lower  Canada, 
I  am  unable  to  inform  you.  As  this  State  and 
Massachusetts  have  so  deep  an  interest  in  the  set- 
tlement of  these  boundaries,  there  would  seem  to 
have  been  a  propriety  in  the  agent  appointed  on 
the  part  of  the  United  States,  being  taken  from 
one  of  these  two  States.     But  under  existing  cir- 


.  / 


cr,->.,.^i-;ft-^,j,Vfir--tTP% 


97 

cumstances  you  w^U  consider  whether  the  interest 
of  the  State  does  not  require  from  you  the  adop- 
tion of  such  arrangetnents  as  are  best  calculated 
to  afford  the  present  Agent  such  information  in  re- 
lation to  this  important  subject  as  the  people  in 
this  State  have  it  in  their  power  to  give." 

The  Message  was  answered  on  the  12th  Junei 
1820,  wherein  it  was  among  other  things  Resolved 
"That  the  Governor  of  this  State  be  requested  to 
transmit  to  the  President  of  the  United  States, 
a  copy  of  the  Resolve,  accompanied  with  sucli 
representations  in  relation  to  this  subject,  as  he 
shall  think  proper  and  best  calculated  to  effect  the 
object."  The  request  was  complied  with  by  the 
Governor,  who  in  July,  1 820,  transmitted  a  copy  of 
the  resolve  to  the  President,  and  among  other 
things  observed  to  him  "When  it  is  considered 
that  Massachusetts  and  Maine  have  the  right  ol 
soil,  that  Maine  has  also  a  State  jurisdiction,  that 
the  people  here  have  not  the  honour  of  an  ac- 
quaintance either  with  the  Commissioner  or  Agent, 
and  have  not  been  advised  of  any  reason  for  the 
delay  to  the  present  time  it  will  not  be  considered 
a  matter  of  surprise  that  their  extreme  solicitude 
should  be  such  as  to  render  desirable,  information 
on  a  subject  so  generally  interesting." 

It  is  not  unknown  to  the  people  of  this  State 
that  the  British  Agent  has  been  very  attentive  to 
the  business  in  which  he  has  been  engaged,  and 
that  he  has  caused  the  country  near  the  lines  to  be 
examined  and  explored  in  the  most  particular  man- 

n 


I     )    ■ 


I'rlili:, 


M  'i' 


ner ;  while  it  is  not  understood  that  comparatively 
any  thing  has  been  done  on  the  part  of  the  Ameri- 
can Agent.  With  impressions  such  as  these,  the 
boundary  being  an  extensive  one  it  would  be  high> 
ly  satisfactory  to  people  of  this  State  should  it 
comport  with  the  views  of  the  executive  of  •the 
United  States,  to  designate  a  person  to  assist  the 
pl'esent  Agent  in  his  important  duties,  that  tlie 
boundary  may  not  only  be  more  expeditiously,  but 
more  satisfactorily  adjusted."  '■-'■-'^-^'^i^lltrp 

A'JThe  substance  of  the  reply  which  was  made  ap- 
peared in  the  next  message  of  the  Governor^^^f^. 

This  year,  in  the  exercise  of  their  general  powers 
of  sovereignty  and  jurisdiction,  the  Marshall  of  Maine, 
under  a  law  of  the  United  States,  took  the  censu^ 
of  the  inhabitants  settled  on  the  St.  John  river  and 
its  tributary  streams  west  of  the  Meridian  line 
from  the  monument  at  the  source  of  the  Saint 
Croix,  and  the  south  line  of  the  province  of  Que- 
bec, or  Lower  Canada. 

In  the  autumn  of  the  year  of  1820,  an  agent  was 
sent  by  the  Governor  and  Council  to  explore  the 
public  lands  upon  the  St.  Johd  and  its  branches 
west  of  the  meridian  line  from  the  monument, 
which  service  he  performed. 

The  Governor  again  in  his  message,  which  was 
delivered  January  11,  1821,  to  both  branches  of  the 
Legislature,  called  their  attention  to  the  subject  of 
the  preservation  of  the  timber  on  the  public  lands, 
and  after  enumerating  several  places  as  the  scenes  of 
depredations,  says,  *4t  appears  that  trespasses  with- 


• ' 


99 

in  our  acknowledged  territory,  particularly  on  the 
rivers  Aroostook,  De  Chute,  Presquille  and  Me- 
duxnekeag,  committed  hy  persons  residing  in  the 
British  provinces  are  very  great,  accordingly,  ar- 
rangements have  lately  been  adopted  with  a  view 
to  prevent  such  predatory  incursions  in  future." 

He  also  states  that  he  forwarded  the  Resolve  of 
the  prior  session  of  the  Legislature  to  the  Presi- 
dent, and  Secretary,  transmitted  a  copy  of  the 
same  to  the  American  Commissioners,  who  in  re- 
ply "  gave  a  reasonable  ground  of  expectation  that 
the  final  decision  of  the  points  in  controversy  res- 
pecting those  lines  would  have  been  made  in 
October  last. — ^And  from  information  obtained  from 
other  Purees,  adds — "All  reasonable  hope  of  a 
speedy  adjustment  seems  therefore  to  have  van- 
ished." 

The  Governor  after  having  received  information 
that  British  subjects  were  trespassing  on  the  tim- 
ber lands  of  Maine  and  Massachusetts  on  the 
Aroostook,  appointed  Benjamin  J.  Porter,  Esquire, 
with  the  advice  of  council  to  proceed  immediately 
to  that  place,  and  to  notify  th*  persons  whom  he 
should  find  trespassing  on  the  timber  lands  afore- 
said west  of  the  line  which  had  been  run  by  order 
of  the  Commissioners  appointed  by  the  United 
States  and  Great  Britain  from  the  monument  at 
the  source  of  the  St.  Croix  to  the  line  of  the  pro- 
vince of  Lower  Canada,  that  if  they  would  pay  a 
proper  consideration  for  the  timber  they  had  cut, 
and  desist  from  any  further  depredation  on  that 


.   V 


.^i- 


>,'(    ' 


100 

part  of  our  territory,  he  was  authorized  to  settle 
with  them  on  those  principles — but  if  they  declin- 
ed, he  was  directed  to  proceed  to  Houlton  plan- 
tation and  adopt  the  necessary  measures,  and  ob- 
tain such  assistance  as  in  his  judgment  would  be 
required,  to  take  the  trespassers  and  their  teams 
and  bring  them  to  Houlton  plantation,  and  there 
keep  them  until  the  Executive  could  be  advised  of 


.*-««:.-1>Ufr' 


.■■\   \Vi.' 


the  measures  adopted. 
-  The  agent  thus  appointed  and  instructed  pro- 
ceed to  the  Aroostook,  and  found  British  subjects 
trespassing  there,  with  whom  he  settled,  and  re- 
ceived also  the  assurances  required,  that  they  would 

not  return,  and  would  desist  from  cutting  the  tim- 

ber  "•*.■■-«'- jf^v'-' '  ■  -'...?"»-!..■•.,.,-..-.  -I '.  ki, .  .■        ■<:"T,  .,•    i-'v,->^->.' ■..  '.  f  »>fAj,  ■  \ 

The  efforts  thus  far  made,  not  having  produced 
the  intended  results,  the  Legislature,  January  16,. 
1822,  passed  a  resolve  requesting  the  Senators  and 
Representatives  of  this  State  in  the  Congress  of 
the  United  States,  to  collect  information  touching 
the  causes  of  the  differences  between  the  Ameri- 
can and  British  Commissioners  under  the  treaty  of 
Ghent  respecting  the  boundary  line,  between  this 
State  and  the  British  provinces  of  lower  Cana- 
da and  Nova  Scotia,  and  the  extent  and  nature 
of  the  claims  set  up  by  the  said  British  Commis- 
sioners. The  resolve  was  duly  communicated. 
No  progress  was  however  made  and  the  object  of 
the  Resolve  was  not  answered.  In  February  1822, 
an  agent  was  appointed  with  full  power  to  prevent 
trespassing  upon  the  timber  in  the  public  lauds,  on 


ii'! 


101 

the  Aroostook,  Maduxnekeag  and  Presquilla  riv- 
ers and  their  branches  west  of  the  meridian  line 
from  the  monument,  and  he  entered  immediately 
upon  the  duties  of  his  agency  and  visited  the  places 
required,  and  accomplished  the  objects  of  his  ap- 
pointment. The  subject  is  again  recurred  to  Jan. 
10,  1824,  by  the  Governor  in  his  message,  which 
led  to  no  specific  act  on  the  part  of  the  Legisla- 
ture— Jan.  7,  1825,  the  Governor  again  calls  the 
attention  of  the  Legislature  to  the  subject  of  the 
Northeastern  boundary,  stating  also  that  he  had 
understood  from  respectable  sources,  that  depre- 
dations had  been  committed  on  our  timber  lands, 
on  the  Aroostook  and  Madawaska  and  other  streams 
emptying  into  the  St.  John ;  and  that  unless  en- 
ergetic measures  are  speedily  adopted  on  the  part 
of  the  State,  our  valuable^  timber  in  that  region 
will  be  soon  destroyed ;  and  that  from  the  repre- 
sentations, the  depredations  were  committed  by 
British  subjects. 

This  led  to  an  investigation  as  far  as  the  limi- 
ted means  possessed  by  the  Government  of  this 
State  permitted,  and  a  resolve  passed  JaUj^  24, 
1825,  among  other  things  requesting  the  Governor 
of  this  State  to  correspond  with  the  Governor  of 
ihe  province  of  New-Brunswick  relative  to*  the 
depredations  which  had  been  committed  by  British 
subjects  on  the  timber  on  the  public  lands  of  this 
State,  west  of  the  boundary  line  between  this 
State  and  the  province  of  New-Brunswick,  as 
heretofore  recognized ;  and  to  ascertain  whether 


102 

that  government  had  authorized  any  persons  to  cut 
timber  upon  these  lands  or  to  settle  thereon. 

The  land  agent  of  Maine  was  instructed  in  con- 
junction with  such  person  as  should  be  designated 
by  Massachusetts,  or  if  none  should  be  appointed, 
without  that  agent,  forthwith  to  take  effectual  mea- 
sures to  ascertain  the^exteut  of  the  depredations  on 
the  lands  belonging  to  this  State  and  Massachusetts, 
or  on  lands  belonging  to  this  State  ;  by  whom  the 
same  have  been  committed,  and  under  what  authori- 
ty, if  any,  such  depredations  were  committed. 

The  ,  Governor  was  also  requested  to  forward 
each  of  the  Senators  and  Representatives  in  Con- 
gress from  this  state  a  copy  of  the  report  of  the 
Committee  on  the  part  of  the  Governor's  Message 
relative  to  depredations  on  the  public  lands,  and 
of  the  Resolves,  and  also  to  request  them  to  take 
the  necessary  measures  to  obtain  an  early  adjust- 
ment of  the  Northeastern  boundary  of  this  State. 

The  Governor  enclosed  and  forwarded  the  same 
on  the  25th  of  January  1 825.  During  the  same 
session  of  the  Legislatuie,  February  22d,  1825, 
they  passed  a  Resolve  respecting  the  settlers  on 
the  St.  John  and  Madawaska  rivers.  "  Whereas 
there  are  a  number  of  settlers  on  the  undivided 
*puWic  lands  on  the  St.  John  and  Madawaska  Ri- 
vers, many  of  whom  have  resided  thereon  for  more 
than  thirty  years;  therefore  resolved.  That  the  land 
agent  of  the  State,  in  conjunction  with  such  agent 
as  may  be  appointed  for  that  purpose,  on  the  part 
of  Massachusetts,  be,  and  he  is  hereby  authorised 


W' 


•i 


103  . 

and  directed  to  make  and  execute  good  and  suf- 
ficient deeds,  conveying  to  suclv  settlers  in  actual 
possession,  as  aforesaid,  their  heirs  and  assigns,  one 
hundred  acres  each,  of  land,  by  them  possessed, 
to  include  the  improvements  on  their  respective 
lots,  they  paying  the  said  agent  for  the  use  of  the 
State,  five  dollars  each,  and  the  expense  of  sur- 
veying the  same.  .  •■■  *^mm^w,hi9^->^i»^^ 

The  Commonwealth  of  Massachusetts,  June  11, 
1825,  did  provide  by  Resolve  among  other  things 
— "  Whereas  there  are  a  number  of  settlers  on  the 
St.  John  and  Madawaska  rivers,  many  of  whom 
have  resided  there  more  than  thirty  years,  there- 
fore resolved.  That  the  land  agent  of  this  Common- 
wealth in  conjunction  with  such  agent  n.  has  been 
or  may  be  appointed  for  that  purpose  on  the  part 
of  the  State  of  Maine,  be,  and  the  samo  is  hereby 
authorized  and  directed  to  make  good  and  suffi- 
cient deeds,  conveying  to  such  settlers  in  actual 
possession  as  aforesaid,  their  heirs  and  assigns,  one 
hundred  acres  each  of  land  by  them  possessed  to 
include  their  improvements  on  their  respective 
lots,  they  paying  to  the  said  agent,  for  the  use  of 
this  Commonwealth  five  dollars  each,  and  the  ex- 
pense of  surveying  the  same."  i.*j  wAt*^,.  j^^^^t^ 

The  agents  thus  authorized  did  in  the  autumn  of 
that  year  proceed  up  the  St.  John  to  the  Madawas- 
ka settlement,  and  thence  to  the  mouth  of  the> 
Maryumpiticook,  and  surveyed,  and  conveyed,  two 
lots  of  Land,  on  the  3d  of  October,  to  John  Baker 
and  James  Bacon,  citizens  of  this  State.     They 


it 
i 


# 


llli'i!''S 


i 


iii 


■■j 

I 


104 

had  settled  above  the  French  neutrals  on  the  St. 
John  and  its  waters ;  and  at  the  time  when  the 
settlers  on  the  lots  were  commenced,  there  was  no 
settlement  within  several  miles  of  them.  They 
also  posted  up  notices,  stating  their  authority,  and 
proposing  to  give  deeds,  according  to  the  ResoWes 
under  which  they  acted.     '. 

This  year  Maine  and  Massachusetts,  in  contin- 
uing their  surveys  of  the  undivided  lands,  survey- 
ed all  which  had  not  been  previously  done,  and 
conveyed  two  ranges  of  townships  on  the  me- 
ridian line  running  north  from  the  Monument  at  the 
source  of  the  St.  Croix,  and  above  Mars  Hill,  to 
a  place  within  a  few  miles  of  the  river  St.  John. 
The  two  grants  of  Massachusetts  made  in  De- 
cember 1807,  to  the  town  of  Plymouth,  and  in 
Jan.  1808,  to  WilHam  Eaton,  on  the  river  Aroos- 
took, according  to  surveys  made  in  1807,' compose 
a  part  of  the  ranges. 

In  a  letter  bearing  date  May  23,  1825,  from  the 
British  minister  at  Washington  to  the  Secretary  of 
of  State  of  the  United  States,  in  answer  to  his  of 
the  27th  March  preceding,  complaining  of  the 
encroachments  of  the  inhabitants  of  New-Bruns- 
wick, committed  upon  lands  of  Maine  and  Mas- 
sachusetts, in  cutting  and  carrying  away  tim- 
ber within  the  boundaries  of  those  States — and 
the  places  where  the  trespasses  were  committed 
were  also  described  in  the  accompanying  papers, 
to  be  on  the  Aroostook  and  Madawaska  rivers. 


"     IL 


4    III, 


105 


•s. 


uTh(&  British  Minister  in  reply,  states,  that  he  had 
made  inquiries  of  Sir  Howard  Douglass,  the  Go- 
vernor of  Neiv-Brunsvvick,  and  had  been  assured 
by  him,  that  the  charge,  as  far  as  the  Government 
of  the  provinces  was  concerned,  was  unfounded, 
and^  that  he  should  use  his  best  endeavours  to  put  a 
stop  to  practices  in  themselves  so  disgraceful.  It  was 
further  stated  by  Sir  Howard,  *^  that  in  assuming 
the  Government  of  New-Brunswick,  he  found  that 
licences  to  cut  timber,  and  other  acts  of  sove- 
reignty, had  long  been  exercised  on  the  part  of 
Great  Britain  over  certain  tracts  of  land  in  which 
the  Bestook,"  (Aroostook)  *^  and  Madawaska  were 
included,  heretofore,  well  understood  to  belong  to 
New-Brunswick,  but  subsequently  claimed  by  the 
Commissioners  of  the  United  Slates  appointed  to  nc- 
gotiate  with  the  British  Commissioners  for  adjusting 
the  boundary  line  of  the  respective  provinces :  to  these 
claims  no  disposition  was  ever  shewn,  on  the  part 
of  Great  Britain  to  accede."  -.-',- 

It  is  not  supposed  that  Sir  Howard  intended  to 
misrepresent  facts,  because  it  would  be  entirely  in- 
consistent with  the  honourable  character  which 
he  is  supposed  to  sustain ;  but  acquitted  of  that 
charge,  his  representations  must  be  attributed  to 
ignorance  of  the  subject,  or  want  of  research  into 
the  premises.  Compare  the  history  of  the  negO" 
tiationof  the  provisional  treaty  of  peace  in  1782, 
the  doings  of  the  Commissioners  under  the  fifth  ar- 
ticle of  the  treaty  of  1794 — more  especially  the 
argument  of  the  British  agent,  and  all  the  corros- 
11 


1!  I-  ii 

V1| 


^1 


106 


';■     I 


J/^' 


M 


pondence  which  preceded  the  treaty  of  Ghetit, 
wherein  the  Eritifih  CoiumissioBers  so  often  and  so 
re^atedly  ask  the  country,  in  which  the  Mada- 
waska  settlement  is  included  as  a  cession,  and  are 
so  often  denied  by  the  American  Commissioners, 
on  the  ground  that  they  possess  no  authority  to 
make  a  cession,  and  no  further  comment  is  ne> 
cessary  to  shew  the  falsity  of  his  representations. 

It  is  further  said  by  Sir  Howard  "  In  fact  by  a 
reference  to  documents  in  the  possession  of  the 
British  Colonial  department  it  appears  that  the 
settlement  at  Madawaska  in  the  province  of  New 
Brunswick  was  made  under  a  grant  from  the  Crown 
upwards  of  thirty  years  ago,  so  late  as  the  year 
1810  no  claim  had  been  advanced  by  the  United 
States,  although  the  settlement  had  been  esta- 
blished at  the  time  for  upwards  of  twenty  ysars 
under  a  grant  from  the  Government  of  New-Bruns- 
wick and  had  been  constantly  designated  the  Mad- 
Bwaska  settlement." 

.  Admitting  the  /act,  as  to  the  antiquity  of  the 
•ettlement  to  be  as  stated,  giving  the  utmost 
extent  to  both  modes  of  expression,  it  com- 
menced under  grants  about  the  year  1790,  long 
after  the  treaty  of  17B3.  Unless  the  grants 
were  within  the  province  of  Nova  Scotia,  they 
were  intrusions;  that  they  were  not  within  the 
province  abundantly  appears  from  all  the  doc- 
uments before  quoted  in  relation  to  the  bounda- 
ries. No  valid  claim  of  national  sovereignty  can 
bo  based  on  such  acts  in  the  forum  of  honour, 


107 

conscience  or  law.     And  no  jurisdiction  can,  with 
f  semblance  of  propriety  be  claimed  beyond  the 
actual  possession ;  it  cannot  without  violating  the 
acknowledged  principles,  in^uch  cases  be  extend- 
ed by  construction.  *  If  such  were  the  fact§  and 
the  settlements  had  been  made  as  early  as  1790— 
if  the  British  considered  that  they  had  any  claim 
to  the  territory  on  that  account,  it  is  extraordinary, 
that  it  should  have  been  entirely  overlooked   by 
the  governiiient,  its  ministers  and  commissionerB, 
and  never  have  been  discovered  until  1817  or  since 
that  time ;   more   especially   when   the  treaty  of 
1794  and  the  discussions  under  the  fifth  article  of 
it  wherein  it  was  conceded  that  the  line  due  north 
from  the  source  of  the   St.  Groix,  wherever   it 
should  be  established,  crossed  the  St.  John,  to  the 
hne  of  the  government  of  Quebec,  and  by  a  ref- 
erence to  the  map  it  will  at  once  be  seen  that  had 
the  most  wes.erly  point  been  adopted  which  the 
British  agent  contended  for,  that  the  Madawaska 
settlement  is  west  of  the  meridian  and  at  aH  events 
within  the  United  States.     When  also  the  subject 
of  surveying  the  boundaries  had  been^  discussed  on 
several  occasions  between  that  time  and  the,  treaty 
of  Ghent,  and  when  also  during  the  whole  discus- 
sion which  led  to  that  treaty  of  Glient,  the  territory 
is  sought  as  a  cession  and  with  great  perseverance 
by  a  resort  to  every  mode  which  circumstances  or 
their  own  ingenuity  suggested. 

But  the  facts  as  stated  are  not  admitted,  the 
settlement  at  Madawaska  did  not  succeed,  but 


&■  >  ■ 


Si:     I'. 


i      '^ 


il 

"] 

!|4W] 

;f 

'1ni 

U : 

1 

•',1 

■jq 

I      j  . 

ill 

:    i  .'^ 

'  1 

':;:!  ■: 

:i 

108 

'fifadf  proceeded  many  years,  the  grants  which  Sir 
Howard  states,  and  therefore  cannot  be  said  to  be 
made  under  the  grants.  The  settlement  was  made 
principally  by  French  neutrals,  whose  ancestors 
had  lived  near  the  Bay  of  Fundy  previous  to  the 
American  Revolution.  They,  to  avoid  the  British 
laws  moved  up  th^  river  St.  John  to  a  place  called 
St.  Anns,  now  Fredrickton.  After  the  close  of  the 
war  when  the  British  established  a  town  and  mili- 
tary post  at  that  place  and  circumscribed  them  in 
their  quarters,  stimulated  by  their  repugnance  to 
the  British,  and  desirous  of  living  under  their  own 
regulations — they  pursued  their  course  up  the  river 
and  established  themselves  at  Madawaska  where 
they  lived  many  years  probably  entirely  unknowi^ 
to  the  world — Some  of  their  countrymen  joined 
them  from  Canada — If  the  settlers  or  some  of  them 
now  have  grants  from  the  Province  of  New  Bruns- 
wick, the  reason  for  making  such  grants  does  not 
now  appear.  The  intention  of  the  government 
can  be  inferred  only,  from  the  facts  disclosed,  from 
which  it  most  clearly  follows,  that  they  did  not,  by 
the  intrusion  consider  themselves  as  extending 
their  rights  of  property  or  jurisdiction,  not  having 
stated  the  fact  for  that  purpose  until  long  since 
the  treaty  of  Ghent.  If  the  fact  had  been  relied 
•on  by  them  as  giving  any  claim  the  ministers 
who  negotiated,  the  treaty  of  Ghent,  while  they 
were  endeavouring  by  every  means  in  their  power 
to  obtain  the  territory  in  which  the  Madawaska 


M  ^ 


^109 


-settlement  is  situated  by  cession,  would  not  have 
been  guilty  of  the  omission.  „,    .-w* 

Sir  Howard  still  further  says  "with  regard  to  the 
timber  cut  by  British  subjects  on  the  river  Bistook 
(Aroostook)  the  very  circumstance  of  its  having 
been  seized  by  Mr.  Porter  of  the  State  of  Maine 
proves  that  the  inhabitants  of  that  State  consider 
themselves  as  at  full  liberty  to  appropriate  all  the  ' 
timber  in  that  district  to  their  own  use.     In  truth 
that  territory  is  especially  represented  by  the  Senate 
of  Maine  as  lying  within  the  acknowledged  boun- 
daries of  that  State.    Now  this  is  notoriously  not 
the  fact,  the  British  Government  contend  that  the 
northern  boundary  Hne  of  the  United  States,  run- 
ning from  the  source  of  the  river  St.  Croix  to  the 
highlands  is  terminated  at  Mars  hill  which  lies  at 
the  southwest  of  the  Bistook  (Aroostook)  at  least 
therefore  the  British  territory  declared  to  be  the 
undoubted  property  of  the  State  of  Maine  is  but  a 
point  in  abeyance.    Both  parties  claim  and  it  ap- 
pears have  exercised  an  equal  right  over  it."    ... 
^  <  That  the  British  pretended  any  claim  to  the  ter- 
litory  to  the  westward  of  the  meridian  line  from 
the  source  of  the  St.  Croix  and  southerly  of  the 
line  of  the  Province  of  Quebec  or  Lower  Canada 
was  totally  unknown  to  the  United  States  until 
long  after  the  treaty  of  Ghent  and  it  seems  to  have 
been  equally  unknown  to  the  British.     The  obser- 
vation.    "  This   was  notoriously  not  the  fact"  can 
only  apply  to  a  period  subsequent  to  the  treaty, 
when  it  had  been  deemed  proper  by  individuals 


•sii 


1  m'T  ^ 


'  'i 


r  ' 

I,   !'!• 


and  the  subordinate  Agents  of  the  British  Govern-* 
meot  to  acquire  by  some  means  the  territory  which 
they  could  not  demand  as  a  right — The  above 
observation  does  not  appear  to  be  true,  from  any 
thing,  which  had  transpired  of  a  pubhc  character, 
between  the  American  and  British  governments. — 
Such  pretended  and  unfounded  claims  could  not 
have  been,  and  were  not  anticipated;  But  after 
all  the  pretensions,  the  claim  and  exer(;ise  of  right, 
he  adniits  t6  be  equal,  which  is  extraordinary, 
when  the  whole  is  taken  into  consideration  and 
contrasted  with  the  recent  origin  of  and  bold  as* 
sumptions  on  which  they  are  founded,  -i*  •l^^'^*  -#^# 
It  has  already  been  shown,  that  Massachusetts 
has  made  several  grants  before  1808,  some  of 
which  were  on  the  Aroostook  near  the  meridian 
line,  from  the  monument  at  the  source  of  the  river 
St.  Croix,  and  that  she  and  Maine,  had  in  addition 
to  their  general  jurisdiction,  exercised  all  nece&sary 
acts  of  particular  jurisdiction.  And  the  British 
subjects  found  there,  committing  depredations  on 
the  timber,  by  Mr.  Porter,  were  there  as  mere  tres- 
passers not  claiming  any  right  or  authority  from 
any  source.  It  was  not  until  long  after  this  period, 
that  any  persons  were  there  under  licences  from 
the  Province  of  New  Brunswick,  which  cmised  the 
mention  of  it  in  the  Governor's  message  in  Jan. 
1825.  The  British  claim,  as  they  mflke  it,  is  even 
void  of  plausibility,  they  ought  not  to  have  claimed 
the  territory  upon  the  Bistook,  (Aroostook)  and 
upper  part  of  the  St.  John  and  its  tributary  streamer, 


W  k 


i   :■' 


as  a  part  of  the  ancient  province  of  Nova  Scotia, 
but  they  ought  to  have  continued  the  line  from 
Mars  hill,  eastward  to  the  Bay  of  Chaleurs,  and 
have  insisted  that  that  was  the  northern  Kne,  there- 
by yielding  a  part  of  Nova  Scotia,  and  have  left 
the  upper  part  of  the  St.  John  and  its  tributaries, 
and  the  Rcstigouche  river,  in  the  province  of  Que- 
bec or  Lower  Canada,  and  if  by  that  means,  they , 
had  violated  one  of  their  favourite  principles  of 
exposition,  to  wit,  that  the  province  which  has  the 
mouth,  ought  also  to  have  the  sources  of  the  river, 
still  the  whole  would  have  been  within  the  general 
sovereignty  of  Great  Britain,  one  province  only  gain- 
ing more  than  the  other  lost;  yet  such  ^  claim, 
though  more  plausible,  by  relieving  them  from  the 
solecism  of  destroying  the  northwest  angle,  or 
rather  converting  the  northwest  angle  of  Nova 
Scotia  into  a  southwest  angle,  which  can  only  be 
arrived  at,  by  running  first  north  for  more  than 
forty  miles  from  the  monument,  at  the  source  of  the 
river  St  Croix,  and  then  southwesterly  for  more 
than  one  hundred  miles,  would  have  been  no  bet- 
ter, nor  would  it  be  based  on  a  more  solid  or  sub- 
stantial authority.    '  ^  ,     :  ) 

The  British  Minister  then  observes  "  the  Gover- 
nor of  New  Brunswick  informs  me,  he  does  not 
consider  himself  at  liberty  to  alter  in  any  way  the 
existing  state  of  things  as  far  as  regards  the  dis- 
trict above  mentioned,  but  he  assures  me  that  he 
will  take  especial  care  to  keep  well  within  the  lim- 
its of  the  line  of  dutv  marked  out  for  him  and  con- 


,1    ■.  < 


f  ■  1^; 


i'l] 
lii 


|i     ,1 


■^ii« 


811 

l! 


si^cring  the  shape  which  this  qiiestiop.  i^  myr;m- 
suming  he  will  feel  it  iint>erative  on  biim  to  apply 
immediately  for  still  more  precise  inatruptionS'licNr 
giiardance  of  his  conduct  in  a  matter  of  so  p\|(;J| 

delicacy^^,,,,,  .  ..:■,..;:-.   v^-,>,va.^     ■  ^- 

More  notice  has  been  taken  of  the,  foregoing 
letter  than  its  importance  otherwise  demanded,  on 
account  of  its  being  the  first  document  of  an  offi- 
cial character  in  the  archives  of  this  State,  which 
goes  to  show  the  British  claim  as  it  had  been  made 
by  their  Agent  under  the  fifth  article  of  the  .treaty 

of  Ghent.    ■h-,iSMkM^.r4,4-.rMs»i^---,  .'.-■■■         -mJA'M, 

^  The  Secretary  of  State,  Nov.  25th,  1825,  wrote 
the  Governor  of  this  State,  enclosing  a  copy  of  a 
note  from  the  British  Minister  to  him,  and  a  copy 
of  a  note  from  Sir  Howard  Douglass  to  the  Brit- 
ish Minister— On  the  25th  December,  1825,  the 
Governor  of  this  State  transmitted  the  Secretary 
of  State  of  the  United  States,  a  letter  with  a  copy 
of  the  resolve  of  this  State  respecting  the  settlers 
on  the  St.  John  and  the  Madawaska  rivers  under 
which  the  Agent  of  the  State  acted — a  copy  of  the 
resolve  of  the  Legislature  of  Massachusetts  res- 
pecting the  same — also  the  report  of  the  land* 
'Agent  of  Maine,  detailing  particularly  the  transac- 
tions of  the  two  Agents  under  said  resolves — From 
which  report  it  appears  that  the  land  Agents  had 
pursued  the  authority,  given  them  by  the  resolves, 
and  had  not  done  some  of  the  acts  complained  of 
by  the  British.^  ,;-^,  .  ..  ,.-i^4  ,  -,„iai,M"v»«'.*i»;  :  a*i? 

The  subject  ot  the  northeastern  boundary  was 


I  jf.  .  r 

I  Ji.        :' 


113 


was 


again  noticed  by  the  Governor  in  his  message  to 
both  branches  of  the  Legislature  the  7th  Jan. 
1826,  which  was  answered  by  the  Legislature  in  a 
report  on  the  17th  January,  and  a  resolve  on  the 
26th  of  January  of  the  same  year.  "That  the 
Governor  for  the  time  being,  be  authorized  and 
requested,  to  take  such  measures  as  he  may  thinH 
expedient  and  effectual  to  procure  for  the  use  of 
the  State,  copies  of  all  such  maps,  documents, 
publications,  papers  and  surveys,  relating  to  the 
northeastern  boundary  of  the  United  States,  des- 
xribed  in  the  treaty  of  1783,  and  such  other  infor- 
mation on  that  subject  as  he  may  deem  necessary 
and  useful  for  this  State  to  be  possessed  of." 

**  That  the  Governor  of  this  State  in  conjunction 
with  the  Governor  of  M^.ssachusetts,  (provided  the 
said  Commonwealth  shall  concur  in  the  measure) 
be  authorized  to  cause  the  eastern  and  northeast- 
ern lines  of  the  State  of  Maine  to  be  explored,  and 
the  monuments  upon  these  lines  mentioned  in  the 
treaty  of  1 783,  to  be  ascertained  in  such  a  manner 
as  may  he  deemed  most  expedient." 

The  surveys  of  the  unappropriated  lands  of 
Maine  and  Massachusetts,  were  continued  and  five 
ranges  of  townships  were  surveyed,  and  extending 
from  the  line  drawn  west  from  the  monument  and 
extending  from  that  line  to  Fish  river  and  near  the 
river  St.  John. 

The  Fish  river  road  extending  from  the  east 
branch  of  the  Penobscot  river,  noi:thwardly  to  Fish 
15 


:-M. 


I   1   <■  (    I.!;,.'* 


^1 


lia'fi 


.:i^  :■;  ' 


114 

river,  was  laid  out  also  under  the  authority  of  the 
States.       .•,;.,-        ■'•'■'      '<  '-.^Vv.f^r>;. 

The  resolve  was  communicated  to  the  Senators 
of  this  State  in  the  Congress  of  the  United  States, 
and  enclosed  hy  the  Governor  on  the  day  of  its 
passage.  And  there  was  procured,  in  consequence 
of  "it,  a  copy  of  the  general  map  compiled  by  the 
United  States'  surveyors,  from  surveys  made  under 
the  fifth  article  of  the  treaty  of  Ghent. 

The  subject  was  again  presented  to  both  branch- 
es of  the  Legislature  by  the  Governor,  in  his  mes- 
sage, on  the  4th  of  January,  1827 — And  the  Go- 
vernor also  by  special  message  communicated  a 
letter,  from  the  Secretary  of  State  of  the  United 
States,  dated  January  29th,  of  the  same  year; 
accompani'^d  by  a  letter  ^of  Charles  R.  Vaughan, 
Esq.  the  British  Minister,  dated  Jan.  7,  1827, 
wherein  he  complains  of  the  acts  of  Maine  and 
Massachusetts,  m  surveying  and  laying  out  town- 
ships and  roads,  and  concludes  by  saying,  *'  I  think 
it  adviseable  to  make  you  acquainted  without  de- 
lay with  the  communication  which  I  have  received 
from  the  Lieut.  Governor  of  New  Brunswick,  whom 
I  beg  leave  to  assure  you  cautiously  abstains  on 
his  part  from  exercising  any  authority  in  the  dis- 
puted territory  which  could  invite  eiicroachments 
as  a  measure  of  retaliation."  All  which  were  con- 
sidered and  became  the  subject  of  a  report  in  the 
Legislature  on  the  12th  day  of  February,  1 827,  and 
a  Resolve  was  passed  thereon,  on  the  23d  day  of 
the  same  month,  Respecting  the  Northeastern  boun- 
dary of  the  State,  to  wit. — 


■J  I. 


!«!:'! 


H5 

^^  Resolved,  That  tlie  Governor  be,  and  he  is 
hereby  requested  to  take  all  such  measures,  both 
in  acquiring  information  and  in  procuring  a  speedy 
adjustment  of  the  dispute  according  to  the  treaty 
of  1783  as  he  may  deem  expedient  and  for  the  in- 
terest of  the  State."  '    ^     ■    ■   ^ 'N^!^<^^ 

To  this  period,  nothing  of  any  importance  had 
been  obtained  under  the  Resolves  of  the  State  al- 
though they  had  been  regularly  communicated,  and 
all  the  informatiouj  which  was  in  possession  of  the 
government  of  this  State  consisted,  in  a  few  and 
very  few  copies  of  letters  from  the  British  Minis- 
ter, which  had  been  elicited  by  the  resolves  of  the 
State  of  Maine ;  and  beyond  that  there  was  no 
official  information  of  the  proceedings  of  the  com- 
mission under  the  fifth  article  of  the  treaty  of 
Ghent,  nor  the  claims  set  up  by  the  British,  except 
what  was  derived  from  public  reports,  vague  in  their 
nature  and  uncertain  in  their  character.  It  was 
not  until  long  after  the  commissioners  had  ter- 
minated their  labours,  that  any  official  communi- 
cation was  made,  which  tended  to  shew  the  Bri-' 
tish  Claim,  and  even  that  frbm  the  looseness  of 
its  phraseology  seemed  to  convey,  no  other  distinct 
idea,  than  that,  the  British,  from  causes  known  to 
themselves,  claimed  all  the  country  north  and  west 
of  Mars  hill,  as  a  part  of  the  ancient  province  of 
Nova  Scotia,  and  even  that  did  not  appear  until 
near  the  middle  of  the  year  1825.  The  delay  to 
give  information  to  the  State  of  Maine,  when  it 
had  been  so  often  requested  particularly  in  the  let- 


K'i:-.i 


I.  ■;i;     \' 


V-:"  ■  i. 


116 

terof  the  OoTornor,  of  July  1820,  to  the  execu- 
tive of  the  United  States,  containing  a  request 
that  some  one  might,  be  added  from  the  State  of 
Maine  to  assist  in  the  examination  of  the  subject 
and  considering  that  the  sovereignty  of  the  whole 
country  to  which  the  British  had,  in  such  an  ex- 
traordinary manner  and  so  contrary  to  the  dis- 
cussions which  preceded  the  treaty  of  Ghent,  pre- 
tended a  claim  was  in  Maine,  and  that  the  go- 
vernment of  the  United  States  had  no  coiivlin;- 
tional  authority  to  cede  any  portion  of  liii  iiide- 
pendent  sovereignty,  directly  or  by  construe  Lion, 
is  certainly  very  extraordinary, — and  it  cannot  fail 
to  appear  extraordinary  that  the  same  policy  on 
the  part  of  the  government  of  the  United  States; 
should  be  continued,  when  by  uniting  Maine  in  the 
controversy  all  reasonable  ground  of  complaint  on 
her  part  would  have  been  removed,  at  least,  if  she 
had  in  her  sovereign  capacity  engaged  in  the  con- 
troversy, she  must  have  been  concluded  by  the  re- 
sult. If  she  had  mismanaged  her  concerns  that 
could  never  have  been  brought  up  as  a  reasona- 
ble cause  of  complaint  against  the  United  States. 
Maine  as  she  was  in  it  state  of  profound  ignorance 
had  no  opportunity  to  aid  or  assist  the  United 
States  nor  does  she  claim  that  she  has  a  right  to 
interfere  in  the  coui«e  hs  government  chooses 
to  adopt,  but  she  h  ..^  +!*>  ight  o  reading  the 
constitution  of  the  United  States,  of  judging  for 
herself,  and  if  she  is  deprived  of  the  exercise  of 
her  sovereignty  and  her  property,  she  has  a  right 


n-lt  ^it, 


i  'i^i'i^;;] 


^v 


117 

to  remonstrate  and  assert  her  rightSi  and  by  force 
of  the  oritrjnal  compact  she  is  entitled  to  ^he  aid 
and  assistance  of  the  independent  sovereignties 
constituting  the  United  States,  to  reinstate  her  in 
that  of  which  she  may  have  been  deprived,  by  an 
unjust  and  unconstitutional  exercise  of  power. 

The  promptness,  decision,  perseverance  and 
ability  with  which  the  Governor  has  executed  the 
request  contained  in  the  last  resolve,  merits  the 
encomiums  and  approbation  of  the  State.  If  fur- 
ther comment  were  necessary,  the  fact  that  all  the 
information  which  had  been  so  long,  but  unsuccess- 
fully sought,  was  obtained,  speaks  a  language  mc  re 
satisfactory  to  him  and  the  State,  than  any  thing 
we  could  add.  As  to  the  position^  taken  and  main- 
tained by  the  Governor,  they  must  be  in  accord- 
ance with  the  views  and  common  sense  of  the 
State,  and  we  cannot  present  his  discussions  in  a 
clearer  or  more  acceptable  light,  than  to  request 
a  fair,  candid  and  impartial  examimition  of  them. 
With  these  remarks  and  without  further  comment, 
the  correspondence  between  him  and  the  govern- 
ment of  the  United  States  is  annexed. 

Thus  we  have  detailed  at  some  length,  the  prin- 
cipal facts  and  circumstances  touching  the  title  and 
the  extent  of  the  title  of  the  State  to  territory  and 
jurisdiction,  from  which  it  appears,  that  our  title 
is  perfect  to  all  the  territory  bounded  by  the  south- 
ern line  of  the  province  of  Lower  Canada,  to  wit, 
by  the  line  drawn  from  the  head  of  Connecticut 
river,  along  the  lauds,  which  limit  the  sources  6f 


118 


^^r-m 


the  riverSj  that  fall  into  the  river  St.  Lawrence, 
to  the  head  of  the  bay  of  Chaleurs,  anC  we^w^rd 
of  the  line  drawn  due  north  from  the  source  of 
the  river  St.  Croix  to  that  line,  being  the  line  de- 
scribed and  adopted  by  the  British  Government 
long  before  the  revolution  and  being  the  lines 
which  are  also  described  and  adopted  by  the  provis- 
ional, and  definitive  treaties  of  peace. — That  the 
British  government  have  always,  directly  and  in- 
directly conceded  our  title,  in  all  the  negotiations 
and  discussions  on  the  subject  prior  to  the  discus- 
sions under  the  fifth  article  of  the  treaty  of  Ghent, 
and  made  no  claim  of  title  founded  on  any  intru- 
sion of  theirs,  the  ministers,  who  sought  it  as  a 
cession,  not  having  urged  or  even  stated  the  fact, 
except  by  way  of  allusion,  and  that  Massachu- 
setts and  Maine  have  always  exercised  jurisdic- 
tion according  to  the  title  of  Maine  and  have  con- 
tinued their  progress  of  surveys,  sales  and  settle- 
ments, and  other  acts,  and  that  the  United  States 
have  always  exercii^^ed  general  jurisdiction  and  did 
in  1820  exercise  acts  of  jurisdiction  as  far  as  there 
was  any  occasion  for  it : — That  there  was  no  rea- 
son, from  any  knowledge  in  possession  of  the 
United  States,  until  very  recently,  and  still  more 
recently  in  possession  of  this  State,  more  imme- 
diately interested,  to  suppose,  that,  if  the  British 
Government  had  crossed  the  above  described  lines, 
she  would  not,  as  soon  as  the  lines  were  surveyed, 
withdraw  and  cease  to  commit  like  acts  of  intru- 
sion ;  and  it  has  also  appeared  from  reprcsenta- 


119 

tions  made  by  the  British  Minister  to  the  Secre- 
tary of  State,  "  that  the  Lieutenant  Governor  of 
New-Brunswick  had  given  assurances  that  he  ' 
would  cautiously  abstain  from  all  acts  of  authority 
which  could  invite  encroachments  as  a  measure  of 
retaliation." 

But  notwithstanding  all  these  facts,  circumstan- 
ces and  assurances,  John  Baker,  a  citizen  of  the 
State  of  Maine  and  the  United  States,  was  arrest- 
ed in  his  own  dwelling  house,  situated  on  the  land 
he  purchased  of,  and  holds  by  the  deed  from  Mas- 
sachusetts and  Maine,  on  a  warrant  and  other  pro- 
cess served  by  the  Sheriff  of  the  county  of  York, 
accompanied  by  armed  men  and  in  '^e  night  time,  at 
least  before  Baker  had  risen  from  his  bed,  and 
was  carried  to  Frederickton  and  thrown  into  pri- 
son where  ho  is  now  confined.  Processes  have 
also  been  served,  within  our  territory,  on  the  Aroos- 
took, and  the  cattle  and  property  of  our  citizens 
have  been  taken  away  by  the  civil  officers  of  New 
Brunswick.  Baker  is  charged  among  other  things, 
with  an  intrusion  and  trespass  on  the  premises  he 
holds  under  Massachusetts  and  Maine. 

When  the  Governor  of  this  State  had  received 
notice  that  the  sovereignty  of  the  State,  by  the 
officer  of  the  government  of  New-Brunswick,  had 
been  violated,  in  the  abduction  and  imprisonment 
of  one  of  its  citizens  and  other  acts,  he  issued  his 
proclamation,  and  commissioned  an  agent  of  the 
State  to  proceed  to  the  province  of  New-Bruns- 
wick, to  enquire  into  the  cause  of  the  arrest  and 


I 


|(,r    ■ 


1120 


i      . 

f- 

1  1 

i 

'i^i 

►ft 

i 

ijL 

^ 

the  other  violations  of  the  State  Rovereignty,  and 
to  demand  of  the  Government  of  New-Brunswick 
the  restoration  of  Baker  ;  all  which  will  more  ful- 
ly appear  in  the  documents  annexed.  The  Go- 
vernor has  in  this,  with  his  usual  promptness,  dis- 
cretion and  ability  performed  his  duty  to  the  State 
and  its  citizens.  The  agent  in  prosecution  of  the 
object  of  his  commission  proceeded  to  Frederick- 
ton  the  capital  of  New-Brunswick,  and  notified 
the  government  of  his  "hrrival  and  official  capaci- 
ty. Ho  was  not  received  in  his  official  capacity. 
From  what  cpuse  that  arose,  whether  from  their 
own  policy  or  their  misconstruction  of  the  power 
find  authority  of  the  Governor  of  this  State,  is 
not  certain.  It  seems  to  us  there  would  have  been 
no  objection  to  the  recognition  of  the  agent  of 
this  State,  had  his  commission  been  only  to  demand  a 
fugitive  from  justice,  or  that  the  Governor  of  New 
Brunswick  would  consider,  that  he  was  transcend- 
ing his  power,  were  he  to  send  an  agent  to  this 
State  to  demand  a  fugitive  from  his  own  govern- 
ment. Notwithstanding  he  was  not  received  in 
an  oHlcial  character,  we  arc  happy  to  have  it  in 
our  power  to  say,  that  he  was  politely  received  by 
the  gentlemen  of  the  place.  The  object  of  his 
agency,  therefore,  ho  fur  as  it  related  to  the  arrest 
and  imprisonment  of  Baker,  totally  failed,  as  it 
did  also  in  some  other  respects. 

HiH  official  capacity  embraced  two  objects. 

Int.  1'o  demand  a  delivery  of  persons. 


,  ,  121 

2d.  To  obtain  public  information.  ,  ,  \- ::  ^ 
If  not  recognized  for  any  other  purpose,  he  migtit 
have  been  permitted  as  a  person  authorized  to  in- 
quire into  the  truth  of  facts,  important  to  tho  rights 
of  the  people  of  the  State  and  peace  of  tho 
country.  u  Ji^  '    *    ; : 

From  all  the  facts,  we  cannot  perceive  on  what 
ground  they  can  justify  the  violation  of  the  State 
and  National  sovereignty  in  the  arrest  of  Baker, 
on  his  own  soil  and  freehold,  which  he  holds  in 
fee  under  the  States  of  Massachusetts  and  Maine, 
and  the  other  acts  of  their  officers  on  the  Aroos- 
took. On  the  ground  of  title  they  have  no  justi- 
fication, and  they  can  only  justify  themselves  on 
the  ground  of  a  possession  de  facto,  which  cannot 
by  the  acknowledged  principles  of  law  be  extend- 
ed beyond  actual  occupation.  In  the  case  of  Ba- 
ker the  settlement  on  his  lot  was  commenced  not 
within  even  a  possession  de  facto,  feeble  and  slen- 
der as  that  would  be ;  and  in  relation  to  tho  Aroos- 
took there  is  not  even  a  possession  of  any  kind, 
unless  it  has  been  acquired  by  the  lawless  depre- 
dations of  individuals  for  which  they  have,  from 
time  to  time,  atoned  by  settlements  with  the  agents 
of  the  State  of  Maine.  Even  the  few,  who  have 
settled  on  the  Aroostook,  settled  there  considering 
it  to  be  within  this  State  and  intending  aho  to 
settle  out  of  the  province  of  New-Brunswick.  The 
course  pursued  by  the  British  must  be  accounted 
for  on  another  principle,  than  *^  a  cautious  absti- 
16 


w 


If  ■    ■-' ''  u 


»    ^i 


M 


,122       ■     . 

nence  of  the  exercise  of  authority  which  could  in^ 
vite  encroachments  as  a  measure  of  retaUation." 

When  the  BHtish  are  thus  attempting  to  extend 
their  intrusion  and  imprisoning  and  otherwise  har- 
rassing  by  legal  process  citizens  of  Maine,  they 
have  constitutional  claims  on  her  protection ;  and 
although  Mass.achusetts  and  Maine  from  the  treaty 
of  peace  have  exercised  the  same  jurisdiction  over 
all  the  wild  lands  which  had  not  been  particularly 
appropriated  for  cultivation  to  this  time ;  if  such 
acts  are  repeated  it  cannot  be  expected  that  Maine 
will  be  a  quiet  spectator.  It  will  be  her  duty  to 
enforce  her  laws  within  her  own  jurisdiction,  and 
to  protect  her  own  rights  and  the  rights  of  her 

citizens.       '    ^-'     .  ■    :■;•• ,  ^       ■«?   -■     ...  s-yA;'>^^.\ 

The  Government  of  the  United  States  have  a 
duty  to  perform  towards  the  State,  and  its  citizens, 
not  less  towards  those  who  are  forcibly  taken  from 
the  territory,  and  imprisoned,  than  towards  those 
who  are  taken  from  the  national  marine.  An  agent 
has  been  sent  to  the  province  of  New-Brunswick 
who  has  returned,  and  we  have  a  confidence  that 
the  whole  business  will  be  adjusted,  and  that  the 
constitutional  rights  of  the  State  and  the  liberties 
and  rights  of  the  citizens  will  be  protected  and  pre- 
served. 

Your  Committee  impressed  with  the  importance 
of  the  subject  to  this  state  and  the  United  States, 
and  approving  most  cordially,  of  the  measures  tak- 
en by  the  Governor,  believe  from  the  past,  that  the 
State  has  a  well  founded  assurance  that  its  best 


12d 

interests  will  be  protected  and  its  constitutional 

rights  preserved. 

JOHN  L.  MEGQUIER, 
REUEL  WILLIAMS, 
JOSHUA  W.  HATHAWAY, 
JOHN  G.  DEANE, 
HENRY  W.  FULLER,  . 

WILLIAM  VANCE, 
JOSHUA  CARPENTER, 
RUFUS  BURNHAM. 

STATE  OF  MAINE. 

House  of  Representatives,  Jan.  26,  1828. 

All  which  with  the  annexed  Resolve  and  Docu^ 
nients  is  respectfully  submitted  by  Order  of  the 
Committee. 

JOHN  G.  DEANE. 


House  of  Represtntatives,  Feb.  14,  1628. 
This  Report  was  read,  considered,  and  unanimously  accepted. 
Sent  up  for  concurrence: 

JOHN  RUGGLES,  Speaker. 

Attest,  JAMES  L.  CHILD,  Clerk  of  the  House  of  Representatives. 


In  Senate,  ^    ,.  16,  1828. 
This  Report  was  read,  considered,  and  unanimously  accepted, 
in  concurrence  with  the  House  of  Representatives. 

-         ROBERT  P.  DUNLAP,  President, 
Attest,  EBENEZER  HUTCHINSON,  Secretary  of  the  Senate. 


124 


STATE  OF  MAINE. 


A  Reqolve  relating  to  the  North-Et^stern  Boundary. 

Resolved,  That  the  Governor  be,  and  he  hereby  is  requested  to 
transmit  a  copy  of  the  Report  of  the  Committee,  to  whom  was 
referred  so  much  of  his  communication,  made  tathe  Legislature, 
as  relates  to  the  North-Eastern  Boundary  of  this  State,  to  the 
President  of  the  United  States,  to  the  Governor  of  each  State  in 
the  Union,  and  two  copies  to  each  of  our  Senators  and  Represent 
tatives  in  Congress,  and  each  of  our  foreign  Ambassadors ;  and 
that  one  hundred  and  fifty  copies  be  at  the  disposal  of  the  Go* 
vernor^ 

,  In  the  House  of  Representatives,  Feb.  16,  1828. 

Read  and  passed. 

JOHN  RUGGLES,  Speaker.. 
Attest— JAMES  L.  CHILD,  Clerk. 

IN  SENATE,  Feb.  18, 1828. 
Read  and  passed. 

ROBERT  P.  DUNLAP,  President 
Attest—EBENEZER  HUTCHINSON,  Secretary/. 

February  18,  1828 Approved. 

ENOCH  LINCOLN. 


.iC 


,'     / 


APPENDIX. 


Wo.  1. 

An  Extract  from  the  grant  of  James  1st,  to  Sir  William  Alex- 
ander, (afterwards  Lord  Sterling,)  passed  September  10,  1621. 

We  do  by  these  presents  give,  grant  and  convey 
to  the  said  Sir  William  Alexander  his  heirs  and 
assigns,  all  and  singular  the  lands  upon  the  Conti-t 
nent,  and  the  Islands  situate,  lying,  and  being  in 
America,  within  the  head  or  promontory  commonly 
called  Cape  Sable,  in  the  latitude  of  forty-three 
degrees,  nearly  or  thereabouts,  from  that  promon- 
tory along  the  shore,  stretching  to  the  west  to  the 
Bay  commonly  called  St.  Mary's  Bay,  thence  to 
the  north  by  a  direct  line  crossing  the  entrance  or 
mouth  of  the  great  Bay,  which  extends  eastward, 
between  the  countries  of  the  Siroquois  and  Etche- 
mins,  so  commonly  called,  to  the  river  commonly 
called  by  the  name  of  the  Holy  Cross,  or  the 
Saint  Croix,  and  to  the  furthest  source  or  spring, 
upon  the  western  branch  of  the  same,  which  first 
mingles  its  waters  with  those  of  the  said  river; 
thence  by  an  imaginary  direct  line,  to  be  drawn  or 
run  through  the  country,  or  over  the  land,  to  the 
north,  to  the  first  bay,  river  or  spring  emptying  itself 
into  the  great  river  of  Canada ;  and  from  thence  run- 
ning to  the  east,  along  the  shores  of  the  said  river 
of  Canada,  to  the  river,  bay  or  harbour,  commonly 


n- .  ■  ■''  ;■ :   ^^ 


126    ' 


4.'  :■  Afl 


1  i-i 


I/"        ■' 


If  '         ^ 


called  and  known  by  the  name  of  Gachepe  or  Gas< 
pee,  and  from  thence  southeast  to  the  Islands  call- 
ed Baccalaos  or  Cape  Breton,  leaving  the  same 
Islands  upon  the  right,  and  the  Gulf  of  the  said 
river  or  bay  of  Canada  and  Newfoundland,  with 
the  Islands  thereunto  belonging,  upon  the  left ;  and 
from  thence  to  the  head  or  promontory  of  Cape 
Breton  aforesaid,  lying  near  the  latitude  of  forty- 
fivo  degrees  or  thereabouts,  and  from  the  said 
promontory  of  Cape  Breton,  to  the  southward  and 
westward  to  Cape  Sable  aforesaid,  the  place  of 
beginning,  including  and  comprehending  within  the 
said  coasts  and  shores  of  the  sea,  and  the  circum- 
ferences thereof  from  sea  to  sea,  all  the  lands  upon 
the  Continent,  with  the  rivers,  torrents,  bays,  shored, 
islands  or  seas,  lying  near  to,  or  within  six  leagues 
from  any  part  thereof  on  the  western,  northern,  or 
eastern  parts  of  the  said  coasts  and  precincts  of 
the  same,  and  to  the  southeast  where  Cape  Breton 
lies,  and  to  the  southward  thereof  where  Cape  Sa- 
ble lies,  all  the  seas  and  islands,  to  the  south,  with- 
in forty  leagues  of  the  said  shores,  including  the 
great  island  commonly  called  the  Isle  of  Sable  or 
Sablon,  lying  south-south-east  in  the  ocean,  about 
thirty  leagues  from  Cape  Breton  aforesaid,  and 
being  in  the  latitude  of  forty-four  degrees,  or  there- 
abouts. '.   .. 

All  which  lands  aforesaid,  shall  at  all  times  here- 
after be  called  and  known  by  the  name  of  Nova 
Scotia  or  New  Scotland,  in  America.  And  if  any 
questions  or  doubts  shall  hereafter  arise  upon  the 


s.   -'   .*, 


127  ; 

interpretation  or  construction  of  any  clause  in  the 
present  letters  patent  contained,  th^^y  shall  all  be 
taken  and  interpreted  in  the  most  e^  ^iiMve  sense, 
and  in  favour  of  the  said  Sir  Wffliam  Alexander, 
his  heirs  and  assigns  aforesaid.  M<oreover,  we,  of 
our  certain  knowledge,  our  6wn  proper  motion, 
regal  authority,  and  royal  power,  have  Boade,  unit- 
ed, annexed,  erected,  created  and  incorporated, 
and  we  do,  by  these  our  letters  patent,  make,  unite, 
annex,  erect,  create,  and  incorporate  the  whole 
and  entire  province  and  lands  of  Nova  Scotia 
aforesaid,  with  all  the  limits  thereof,  seas,  &c. ; 
officers  and  jurisdictions,  and  all  other  things  gen- 
erally and  specially  abovementioned,  into  one  en- 
tire and  free  dominion  and  barony,  to  be  called  at 
all  times  hereafter  by  the  aforesaid  name  of  Nova 
Scotia.        ,  -     . 


No.  2. 


Extract  from  the  grant  of  Charles  the  2(/,  to  James,  Duke  of 
'     York,  dated  Vith  of  March,  \^^ 

Know  ye  that  we,  for  divers  good  causes,  &c. 
have,  &c.  and  by  these  presents,  &c.  do  give  and 
grant  unto  our  dearest  brother,  James,  Duke  of 
York,  his  heirs  and  assigns,  all  that  part  of  the 
main  land  of  New  England,  beginning  at  a  certain 
place,  called  or  known  by  the  name  of  St.  Croix, 
next  adjoining  to  New  Scotland,  in  America ;  and 
from  thence  extending  ak>ng  the  sea  coast  unto  a 


m'-M 


1 


-tr 


1 


128 

,  oertain  place  called  Pemaquie  or  Pcmaquid,  and 
so  up  the  river  thereof,  to  the  farthest  head  of  the 
same  as  it  tendeth  northward  ;  and  extending  from 
thence  to  the  river  Kimbequin,  and  so  upwards,  by 
the  shortest  course  to  the  river  of  Canada;  north- 
ward. And  also  all  that  island  or  islands  commonly 
called  by  the  several  name  or  names  of  Matowacks 
or  Long  Island,  situate,  lying  and  being  towards  the 
west  of  Cape  Cod  and  the  Narrow  Higansets, 
abutting  upon  the  main  land  between  the  two  riv- 
ers, there  called  or  known  by  the  several  names  of 
Connecticui  and  Hudson's  river ;  together,  also, 
with  the  said  river,  called  Hudson's  river,  and  all 
the  lands  from  the  west  side  of  Connecticut  river, 
to  the  east  side  of  Delaware  bay.  And  also  all 
those  several  islands,  called  or  known  by  the 
names  of  Martin's  Vineyard,  and  Nantukes,  or 
otherwise  Nantucket. 


"i^-.|" 


ICo.  3. 

Extract  from  the  charter  of  the  Province  of  the  Massachusetts 
hay,  in  New-England,  dated  7th   October,  1691,  Sd  WilUan 

Sf  Mary. 

♦  ■        ■  '  -    ,    ' 

William  and  Mary,  by  the  grnce  of  God,  King 
and  Queen  of  England,  Scotland,  France,  and 
Ireland,  defenders  of  the  faith,  &c.  to  all  to  whom 
these  presents  shall  come.  Greeting:  We  do  by 
these  presents,  for  us,  our  heirs,  and  successors, 
will  and  ordain,  that  the  territories  and  colonies, 


liftt 


j- 


,-,#^" 


129 


commonly  called  or  kaown  by  lue  namf    of  iht 
coIoDy  of  the  Massachusetts  Bay  and  colony  of 
New  Plymouth,  the  province  of  Maine,  and  the  ter 
ritory,  called  Acadia  or  Nova  Scotia,  and  all  that 
trs^ct  of  land,  lying  between  the  said  territories  of 
Nova  Scotia,  and  the  said  province  of  Maine,  be 
erected,  united  and  incorporated ;  and  we  do,  by 
these  presents,  unite,  erect,  and  incorporate  the 
same  into  one  real  province,  by  the  name  of  our 
province  of  the  Massachusetts  Bay  in  New-Eng- 
land ;  and  of  our  especial  grace,  certain  knowl- 
edge, and  mere  motion,  we  have  given  and  grant- 
ed, and  by  these  presents,  for  us,  our  heirs,  and 
successors,  do  give  and  grant,  unto  our  good  sub- 
jects,, the  inhabitants  of  our  said  province  or  ter- 
ritory of  Massachusetts  Bay,  and  their  successors, 
all  that  part  of  New-England  in  America,  lying 
and  extending  from  the  Great  River,  commonly 
called  Monomack,  alias  Merrimack,  on  the  north 
part,  and  from  three  miles  northward  of  the  said 
river  to  the  Atlantic,  or  western  sea  or  Ocean,  on 
the  south  part  and  all  the  lands  and  hereditaments 
whatever,  lying  within  the  limits  aforesaid,  and  ex- 
tending as  far  as  the  outermost  points  or  promon- 
tories of  land  called  Cape  Cod  and  Cape  Malabar, 
north  and  south,  and  in  latitude,  breadth,  and  in 
length,  and  longitude,  of  and  within  all  the  breadth 
and  compass  aforesaid,  throughout  the  main  land 
there,  from  the  said  Atlantic  or  western  sea  and 
ocean,  on  the  east  part,  towards  the  south  sea,  or 
westward,  as  far  as  our  colonies  of  Rhode  Island, 
17 


''■■< .  (.' 


''  till 


H    il 


t  f 


1:1! 


\ 


130 


Connecticut,  and  the  Naragansett  country;  and, 
also,  all  that  part  and  portion  of  Maine  land,  be- 
ginning at  the  entrance  of  Piscataqua  harbour,  and 
so  to  pass  up  the  same  into  the  river  of  Newich- 
wannock,  and  through  the  same  into  the  farthest 
head  thereof,  and  from  thence  northwestward,  till 
ouQ  hundred  and  twenty  miles  be  finished,  and 
from  Piscataqua  harbour  mouth  aforesaid,  north- 
eastward along  the  sea  coast  to  Sagadehock,*  and 
from  the  period  of  one  hundred  and  twenty  miles 
aforesaid,  to  cross  over  land  from  Piscataqua  har- 
bour, through  Newichwannock  river  ;  and  also  the 
north  half  of  the  Isles  of  Shoals,  together  with  the 
Isles  of  Capawack  and  Nantucket,  near  Cape  Cod 
ajoresaid ;  and  also  the  lands  and  hereditaments  ly- 
ing and  being  in  the  country  or  territory  common- 
ly called  Acadie,  or  Nova  Scotia,  and  all  those 
lands  and  hereditaments  lying  and  extending  be- 
tween the  said  country  or  territory  of  Nova  Scotia, 
and  the  said  river  of  Sagadehock,  or  any  part 
thereof. 

That  it  shall  and  may  be  lawful  for  the  said  Go- 

•  The  following  words,  viz.  "  and  up  the  river  thereof  to  the 
Knybecky  river,  and  through  the  same  to  the  head  thereof,  and 
unto  the  land  northwestward,  until  one  hundred  and  twenty  miles 
be  ended,  being  accounted  from  the  mouth  of  Sagadehock,"  as 
inserted  in  Gorge's  grants  (from  which  the  descriptive  part  of 
the  boundaries  [of  Maine  in  this  charter  is  taken,)  appear  to 
have  been  inadvertently  omitted,  being  necessary  to  render  those 
boundaries  intelligible  ;  and  should  follow  the  word  Sagadehock, 
to  which  the  asterisk  is  affixed. 


"rHH- 


^      '  131 

vornor  and  general  assembly  to  make  or  pass  any 
grant  of  lands  lying  within  the  bounds  of  the  colo- 
nies formerly  called  the  colonies  of  the  Massachu- 
setts Bay,  and  New-Plymouth,  and  province  of 
Maine,  in  such  manner  as  heretofore  they  might 
have  done  by  virtue  of  any  former  charter  or  let^ 
ters  patent ;  which  grants  of  lands,  within  the 
bounds  aforesaid  we  do  hereby  will  and  ordain  to 
be  and  continue  forever  of  full  force  and  effect, 
without  our  further  approbation  or  consent.  And 
so  as  nevertheless,  and  it  is  our  royal  will  and  plea- 
sure, that  no  grant  or  grants  of  any  lands  lying  or 
extending  from  the  river  of  Sagadehock  to  the 
gulf  of  St.  Lawrence  and  Canada  rivers,  and  to 
the  main  sea  northward  and  eastward,  to  be  made 
or  past  by  the  Governor  and  general  assembly  of 
our  said  province,  be  of  any  force,  validity,  or  ef- 
fect, until  we,  our  heird,  or  successors,  shall  have 
signified  our  approbation  of  the  same. 


No.  4. 


Copy  of  Col.  Phillipps'  Commission  for  the  Government  of  No- 
va Sootia — 1719. 

George  by  the  Grace  of  God,  &c. — To  our  trus- 
ty and  well  beloved  Richard  Phillipps,  Esq.  Greet- 
ing: I  .  . 

Know  ye  that  we  reposing  especial  trust  and 
confidence  in  the  prudence,  coura^ije,  and  loyalty 
of  you  the  said  Richard  Phillipps,  out  of  our  es- 


132 


I     '.'     r 


p 

.      ' 

¥ 

\\' 

i  i 

'i 

|i  1 

1 

pecial  grace,  certain  knowledge,  and  mere  motion, 
have  thought  fit  to  constitute  and  appoint,  and  by 
these  presents  do  constitute  and  appoint  you  the 
said  Richard  Phillipps,  to  be  our  Governor  of  Pla- 
centia  in  Newfoundland ;  and  our  Captain  Gene- 
ral and  Governor  in  chief  in  and  over  our  province 
of  Nova  Scotia  or  Acadie  in  America  :  and  we  do 
hereby  require  and  command  you  to  do  and  exe- 
cute all  things  in  due  manner  that  shall  belong 
unto  your  said  command,  and  the  trust  we  have 
reposed  in  you,  according  to  the  several  powers 
and  directions  granted  or  appointed  you  by  this 
present  Commission,  and  the  instructions  herewith 
given  you,  or  by  such  further  powers,  instructions, 
or  authorities  as  shall  at  any  time  hereafter  be 
granted  or  appointed  you,  under  our  signet  and  sign 
manual  or  by  our  order  in  our  Privy  Council,  and 
according  to  such  reasonable  Laws  and  Statutes, 
as  shall  hereafter  be  made  and  assented  to  by  you, 
with  the  advice  and  consent  of  our  Council  and 
Assembly  of  our  said  Province,  hereafter  to  be  ap- 
pointed. 

And  for  the  better  Administration  of  Justice  and 
management  of  the  public  affairs  of  our  said  Pro- 
vince, We  hereby  give  and  grant  unto  you  the 
said  Richard  Phillipps  full  power  and  authority  to 
choose,  nominate,  and  appoint  such  fitting  and  dis- 
creet persons  as  you  shall  either  find  there  or 
carry  along  with  you,  not  exceeding  the  number 
of  twelve  to  be  of  our  Council  in  our  said  Pro- 


133 


vince,  till  our  further  pleasure  be  known,  any  five 
whereof  we  do  hereby  appoint  to  be  a  quorum. 


No.  5. 


Draught  of  a  Commission  for  the  Hon.  Col.  Comwallis  to  be 
Governor  of  Nova  Scotia — April  29,  1749. 

George  the  Second  by  the  Grace  of  God,  of 
Great^Britain,  France  and  Ireland,  King,  Defend- 
er of  the  faith,  &c.  To  our  trusty  and  well  ibe- 
loved  the  Hon.  Edward  Cornwallis,  Esq.  Greeting. 
Whereas  we  did  by  our  Letters  Patent  under  our 
great  seal  of  Great  Britain  bearing  date  at  West- 
minster the  11th  day  of  September  in  the  second 
year  of  our  reign,  constitute  and  appoint  Richard 
Phillipps,  Esq.  our  Captain  General  and  Governor 
in  Chief,  in  and  over  our  Province  of  Nova  Sco- 
tia or  Acadie  in  America  with  all  rights,  members 
and  appurtenances  whatever  thereunto  belonging 
for,  and  during  our  will  and  pleasure,  as  by  the 
said  recited  Letters  Patent  relation  being  thereun- 
to had,  may  more  fully  and  at  large  appear :  now 
know  you  that  wo  have  revoked  and  determined, 
and  by  these  presents,  do  revoke  and  determine, 
the  said  recited  Letters  Patent  and  every  clause, 
article  and  thing  therein  contained  ;  and  further 
know  you,  that  we,  reposing  especial  trust  and 
confidence  in  the  prudence,  courage  and  loyalty 
of  you  the  said  lOdward  Cornwallis,  of  our  especial 
grace,  certain  knowledge,  and  mere  motion,  have 


(M    ! 


1!!k 


Ml 


134 

thought  fit  to  constitute  and  appoint,  and  by  these 
presents  do  constitute  and  appoint  you  the  said 
Richdrd  CornwalHs  to  be  our  Captain  General 
and  Governor  in  Chief  in  and  over  the  Province  of 
Nova  Scotia  or  Acadte  in  America,  with  all  the 
rights,  members  and  appurtenances  whatever  there- 
unto belonging. 

18th  March  1752.  The  Commission  given  to 
Peregrine  Thomas  Hopson,  as  Governor  of  the 
Province  of  Nova  Scotia  is  the  same,  mutatis  mu- 
tandis, as  that  given  to  Edward  Cornwallis,  Esq. 


II 


I'    -. 


No.  6.  ^ 

ISxtrart  from  the  Proclamation  of  the  King  of  Great  Britain, 
of  the  7th  of  Octobrr,  1703,  astahlishing  four  governments, 

BY    THE    KINO,    A    PROCLAMATION. 

Geouoe  R. 

Whereas  wo  have  taken  into  our  royal  consid- 
eration the  extensive  and  valuable  acquisitions  in 
America,  secured  to  our  Crown,  by  the  late  definitive 
treaty  of  peace,  concluded  at  Paris  the  lOtH  day  of 
February  last;  and  being  desirous  that  all  our  loving 
subjects,  as  well  of  our  kingdoms,  as  of  our  colonies 
in  America,  may  avail  themselves,  with  all  convenient 
speed,  of  the  grrat  benefits  and  advantages  which 
must  accrue  therefrom  to  their  commerce,  manu- 
factures, and  navigation  ;  we  have  thought  fit,  with 
the  advice  of  our  |)rivy  council,  to  issue  this  our 


135 

royal  proclamation,  hereby  to  publish  and  declare 
to  all  our  loving  subjects,  that  we  have,  with  the 
advice  of  our  said  privy  council,  granted  oui'  let- 
ters patent  under  our  great  seal  of  Groat  Britain, 
to  erect  within  the  countries  and  islands,  ceded 
and  confirmed  to  us  by  the  said  treaty,  four  dis- 
tinct and  separate  governments,  styled  and  called 
by  the  names  of  Quebec,  East  Florida,  West  Flo- 
rida, and  Grenada,  and  Hmited  and  bounded  as  fol- 
lows, viz. 

First,  the  government  of  Quebec,  bounded  on 
the  Labrador  coast  by  the  river  St.  John,  and  from 
thence  by  a  line  drawn  from  the  head  of  that 
river,  through  the  lake  St.  John,  to  the  south  end 
of  the  lake  Nipissim ;  from  thence  the  said  line 
crossing  the  river  St.  Lawrence  and  the  lake 
Champlain  in  forty-flve  degrees  of  north  latitude, 
passes  along  the  highlands  which  divide  the  rivers 
that  empty  themselves  into  the  said  St.  Lawrence  Jrom 
those  which  fall  into  the  sea ;  and  also  along  the 
north  coast  of  the  Baye  des  Chaleurs,  and  the 
coast  of  the  Gulf  of  St.  Lawrence  to  Cape  llos- 
ieres,  and  from  thence,  crossing  the  mouth  of 
the  river  St.  Lawrence,  by  the  west  end  of  the 
island  of  Anticosti,  terminates  at  the  aforesaid  riv- 
er St.  John. 

Representation  to  his  Majesty  with  the  draught 
of  a  commission  for  Charles  Lawrence,  Esq.  to  bo 
Governor  of  Nova  Scotia. 
To  the  King's  Most  Excellent  Majesty. 

May  it  please  Your  Majesty. 

In  obedience  to  your  Majesty's  Order  in  Coun- 


'  '  '  ii 


■•'?v;/ 


r       '.  •■  .- A-":' 


\-  y, 


t  '' 


■!       ■    J' 


cil,  dated  the  18th  inst.  we  have  prepared  the 
draught  of  a  commission  for  Charles  Lawrence, 
Esq.  to  he  Captain  General  and  Governor  in  chief 
of  your  Majesty's  Province  of  Nova  Scotia,  in 
America,  which  being  in  the  usual  form,  we  here- 
with humbly  lay  it  before  your  Majesty,  and  shall 
prepare  the  necessary  ihstructions  fpr  buK^  with  all 
possible  dispatch.  •    ^  ^^^^         i 

Which  is  most  humbly  submitted.  ,,| 

(signed)        DUNK  HALIFAX,     : 
h*  -  J.  PITT, 

fwj:-  r;i.:/C.:u^.^,     JAMES  OSWALD,    ' 
'         '        ANDREW  STONE. 
Whitehall  J  Dec.  IS,  1155.     ,. 


'.■%i. 


<"*.  rr^ 


No.  7. 


Governor  Ellis's  Commission,  April  1,  1761. 

";  George  the  third  by  the  Grace  bf  God,  of  Great 
Britain,  France  and  Ireland,  King,  Defender  of  the 
Faith,  &;c.  To  our  Trusty  and  well  beloved  Hen- 
ry Ellis,  Esq.  Greeting.  Whereas  our  late  Royal 
Grandfather  of  blessed  memory,  did  by  his  Letters 
Patent  under  the  Great  Seal  of  Great  Britain  bear- 
ing date  at  Westminster  the  of  in  the 
year  of  His  Reign,  constitute  and  appoint 
Charles  Lawrence,  Esq.  Captain  General  and  Go- 
vernor in  Chief,  in  and  over  our  Province  of  Nova 
Scotia  or  Acadie  in  America,  with  all  th^  Rights^ 


if  ! 


d  the 
rence, 

chief 
lia,  in 

here- 
l  shall 
ath  all 


NE. 


f  Great 
r  of  the 
d  Hen- 
Royal 
Letters 
in  bear- 
in  the 
appoint 
and  Go- 
of Nova 
Rights; 


137 

Members  and  appurtenances  whatever  thereunto 
belonging  for  and  during  His  late  Majesty's  Will 
and  Pleasure,  as  by  the  said  recited  Letters  Pa- 
tent, relation  being  thereunto  had,  may  more  fully 
and  at  large  appear:  Now  know  you  that  We 
have  revoked  and  determined,  and  by  these  Pre- 
sents, do  revoke  and  determine,  the  said  recited 
Letters  Patent,  and  every  clause,  article  and  thing 
therein  contained,  and  further  know  you  that  We, 
reposing  especial  Trust  and  confidence  in  the  Pru- 
dence, Courage  and  Loyalty  of  you  the  said  Henry 
Ellis,  Esq.  of  our  Especial  Grace,  certain  know- 
ledge and  mere  motion,  have  thought  fit  to  consti- 
tute and  appoint  and  by  these  presents  do  consti- 
tute and  appoint  you  the  said  Henry  Ellis  to  be 
our  Captain  General  and  Governor  in  Chief,  in 
and  over  our  Province  of  Nova  Scotia  or  Acadie 
in  America,  with  all  the  Rights,  Members  and  ap- 
purtenances whatever  thereunto  belonging. 


No.  S. 


Draught  of  a  Commission  for  Montague  Wilmot,  Esq.  to  he  Gof 
vernor  of  Nova  Scotia,  dated  October,  1763. 

George  the  third  by  the  Grace  of  God,  of  Great 
Britain,  France,  and  Ireland,  King,  Defender  of 
the  Faithi  &c.  To  our  Trusty  and  well  beloved 
Montague  Wilmot,  Esq.  Greeting. — Whereas  we  did 
by  our  Letters  Patent  under  the  Great  Seal  of  Great 
Britain  dated  at  Westminster  the  day  of 
18 


mlmmm 

.-it-;  .V^i  ' -'"I 

-it'-; 


mm 


|: 


y 


A 


138 


■::  ■-■■,#ii 


in  the  first  year  of  our  Reign,  constitute  and  ap- 
point Henry  Ellis,  Esq.  Captain  General  and  Gover- 
nor in  Chief,  in  and  over  our  Province  of  Nova  Scotia 
or  Acadie  in  America,  with  all  the  Rights,  Mem- 
bers and  Appurtenances  thereunto  belonging  for 
and  during  our  will  and  pleasure,  as  by  the  said 
recited  Letters  Patent,  relation  being  thereunto 
had,  may  more  fully  and  at  large  appear:  Now 
know  you  that  we  have  revoked  and  determined 
and  by  these  Presents  do  revoke  and  determine 
the  said  recited  Letters  Patent  and  every  clause, 
article  and  thing  therein  contained. 

And  further  know  you,  that  We,  reposing  espe- 
cial Trust  and  confidence  in  the  Prudence,  Cour- 
age and  Loyalty  of  you  the  said  Montague  Wilmot, 
of  our  especial  Grace,  certain  knowledge  and  mere 
motion,  have  thought  fit  to  constitute  and  appoint, 
and  by  these  Presents,  Wo  do  constitute  and  ap- 
point you,  the  said  Montague  Wilmot  to  be  our 
Captain  General  and  Governor  in  Chief  in  and 
over  our  Province  of  Nova  Scotia,  b'  unded  on  the 
Westward  by  a  line  drawn  from  Cape  Sable  across 
the  entrance  of  the  Bay  of  Fundy,  to  the  mouth  of 
the  river  St.  Croix,  by  the  said  river  to  its  source 
and  by  a  line  drawn  due  North  from  thence  to  the 
Southern  Boundary  of  Our  Province  of  Quebec,  to 
the  Northward  by  the  same  boundary  as  far  as  the 
Western  extremity  of  the  Baye  des  Chaleurs :  To 
the  Eastward  by  the  said  Bay  and  the  Gulf  of  St. 
Lawrence  to  the  cape  or  promontory  called  Cape 
Breton,  in  the  Island  of  the  same  name,  including 


t  4 


139 

that  Island,  the  Island  of  St.  Johns,  and  all  other 
Islands  within  six  Leagues  of  the  coast,  and  to  the 
southward  by  the  Atlantic  Ocean  from  said  Cape 
to  Cape  Sable  aforesaid,  including  the  Island  of 
that  name  and  all  other  islands  within  forty  leagues 
of  the  coast,  with  all  the  Rights,  Members  and  ap- 
purtenances whatsoever  thereunto  belonging. 


No.  9. 

Governor  Legges'  Commission. 

George  the  third,  by  the  Grace  of  God,  of  Great 
Britain,  France  and  Ireland,  King,  Defender  of 
the  Faith,  &c. — To  our  trusty  and  well  beloved 
Francis  Legge,  Esq.  Greeting  : 

Whereas,  we  did,  by  our  letters  patent,  under  our 
great  seal  of  Great  Britain,  bearing  date  at  West- 
minster, the  eleventh  day  of  August,  in  the  sixth 
year  of  our  reign — constitute  and  appoint  William 
Campbell,  Esq.  commonly  called  Lord  William 
Campbell,  Captain  General  and  Governor  in 
Chief,  in  and  over  our  Province  of  Nova  Scotia,  in 
America,  bounded  on  the  westward  by  a  line  drawn 
from  Cape  Sable  across  the  entrp.nce  of  the  bay  of 
Fundy,  to  the  mouth  of  the  river  St.  Croix,  by  said 
river  to  its  source,  and  by  a  line  drawn  due  north 
from  thence  to  the  southern  boundary  of  our  Colony 
of  Quebec.  To  the  northward  by  the  said  boundary^ 
as  far  as  the  western  extremity  of  the  Baye  des  Cha- 


'.i^lr^tt^ 


140 

leuis.  To  the  eastward  by  the  said  bay  and  the  Gulf 
of  St.  Lawrence,  to  the  cape  or  promontory  called 
Cape  Breton,  in  the  island  of  that  name,  including 
that  island,  the  island  of  Saint  John,  and  all  other 
islands  within  six  leagues  of  the  coast ;  and  to  the 
southward  by  the  Atlantic  Ocean,  from  the  said 
cape  to  Cape  Sable  aforesaid,  including  the  island 
of  that  name,  and  all  other  islands  within  forty 
leagues  of  the  coast,  with  all  the  Rights,  Members 
and  Appurtenances,  whatsoever,  thereunto  belong- 
ing,  for  and  during  our  will  and  pleasure,  as  by  the 
said  recited  Letters  Patent,  relation  being  there- 
unto had,  may  more  fully  and  at  large  appear; 
now,  know  you,  that  we  have  revoked  and  deter- 
mined, and  by  these  presents  do  revoke  and  deter* 
mine,  the  said  recited  Letters  Patent,  and  every 
clause,  article  and  thing  therein  contained,  and 
further.  Know  you  that  We,  reposing  especial  con- 
fidence and  trust  in  the  prudence,  courage  and 
loyalty  of  you,  the  said  FVancis  Legge,  of  our 
especial  grace,  certain  knowledge  and  mere  mo- 
tion, We  have  thought  fit  to  constitute  and  appoint 
you,  the  said  Francis  Legge,  to  be  our  Captain 
General  and  Governor  in  Chief  of  our  said  Pro- 
vince of  Nova  Scotia,  bounded  on  the  westward  by 
a  line  drawn  from  Cape  Sable  across  the  entrance 
of  the  Bay  of  Fundy,  to  the  mouth  of  the  river  St. 
Croix,  by  the  said  river  to  its  source,  and  by  a  lino 
drawn  due  north  from  thence  to  the  southern 
boundary  of  our  colony  of  Quebec  :  To  the  north- 


141 


w'ard  by  the  said  boundary,  as  far  as  the  western 
extremity  of  the  Bay  des  Chaleurs.  To  the  east- 
ward, by  the  said  Bay,  and  the  Gulf  of  St.  Law  • 
rence,  to  ♦he  cape  or  promontory — called  Cape 
Breton,  in  the  island  of  that  name  including  that 
island  and  all  other  islands  within  six  leagues  of  the 
coast,  excepting  our  said  island  of  St.  John,  which 
we  have  thought  fit  to  erect  into  a  separate  go- 
vernment; and  to  the  southward  by  the  Atlantic 
Ocean,  from  the  said  cape  to  Cape  Sable  afore- 
said, including  the  island  of  that  name,  and  all 
other  islands  within  forty  leagues  of  the  coast* 
With  all  the  rights,  members  and  appurtenances 
whatsoever,  thereunto  belonging. 

And  we  do  hereby  require  and  command  you  to 
do  and  execute  all  things  in  due  manner,  that  shall 
belong  unto  your  said  command,  and  the  trust  we 
have  reposed  in  you  according  to  the  several  pow- 
ers and  authorities  granted  or  appointed  you  by 
the  present  Commission,  and  the  instructions  here- 
with given  you  or  by  such  further  powers,  instruc- 
tions and  authorities,  as  shall  at  any  time  hereafter 
be  granted  or  appointed  you  under  <  %  •  signet  and 
Sign  Manual,  or  by  our  order  in  our  Privy  Council, 
and  according  to  such  reasonable  Laws  and  Sta- 
tutes as  are  now  in  force,  or  siiall  hereafter  bo 
made  or  agreed  upon  by  you,  with  tho  advice  and 
consent  of  our  Council,  and  the  assembly  of  our 
said  Province  under  your  government,  \n  such 
manner  and  form  as  is  hereafter  expressed. 


<■( 


I  im 


fei: 


li  m 


•\.''" 


14g^ 


Wo.  10. 


!:;    .,:r-      ■•J 


>:  -Iri 


,1;.!? 


The  act  of  the  British  Parliament  of  the  lAth  if  ear  of  George  3/ 
1774^  relating  to  the  province  of  Quebec,  provides  as  follows : 

That  all  the  territories,  Islands  and  Counties  in 
North  America  belonging  to  the  Crown  of  Great 
Britain  bounded  on  the  south  by  a  line  from  the 
Briy  of  Chaleurs  along  the  highlands  which  divide 
the  rivers  which  empty  themselves  into  the  river 
St.  Lawrence  from  those  which  fall  into  the  sea ; 
to  a  point  in  the  45th  degree  of  North  Latitude  on 
the  eastern  branch  of  the  river  Connecticut,  keep- 
ing the  same  latitude  directly  west  through  Ldae 
Champlain,  until  in  the  same  latitude  it  meets  the 
river  St.  Lawrence,  from  thence  up  the  eastern 
baUii  of  said  river  to  Lake  Ontario,  thence  through 
the  Lake  Ontario  and  the  river  commonly  called 
Niagara,  and  thence  along  by  the  eastern  and  south- 
eastern bank  of  Lake  Erie,  following  the  said  bank 
until  the  same  shall  be  intersected  by  the  northern 
boundary  granted  by  the  Charter  of  the  Province 
of  Pennsylvania  in  case  the  same  shall  be  so  inter- 
sected, and  from  thence  along  the  said  north  and 
west  boundary  of  ll»e  Raid  Province,  until  the  said 
western  boundary  strikes  the  Ohio;  but  in  cas^e 
the  said  hank  of  said  Lakfj  shall  not  be  found  to 
be  so  intersected,  then  following  the  said  bank  until 
it  shall  arrive  at  that  point  of  the  said  bank  which 
shall  be  nearest  to  the  n  >rthvvest  nngh  ot  the  n&id 
Province,  of  Penusylvaiiia,  aud  thence  by  a  right 


i::'  ;:: 


143 

line  to  Ihe  said  northwest  angle  of  said  Province, 
and  thence  along  the  western  boundary  of  said  Pro- 
vince until  it  strikes  the  Ohio,  and  along  the  bank 
of  the  said  river  westward  to  the  bank  of  the  Mis- 
sissippi, and  north  to  the  southern  boundary  of  the 
territory  granted  to  the  Merchant's  adventurers  of 
England  trading  to  Hudioa's  Bay;  and  also  all 
such  territories,  islands  and  countries  which  have 
since  the  tenth  day  of  February  1763,  been  made 
part  of  the  Government  of  Newfoundland,  be  and 
they  are  hereby  during  His  Majesty's  pleasure, 
annexed  to  and  made  a  part  of  the  Province  of  Que- 
bec, as  created  and  established  by  the  said  Royal 
Proclamation  of  the  7th  of  October,  1763. 


Wo.  11, 


f  '•• 


■    f     s'l 


I. 

F  , 


f 


Extract  from  ihe  British  Agenfs  argument  before  the  Commis- 
sioners under  the  fifth  article  of  the  treaty  of  amity ,  commerce  and 
navigation^  concluded  between  the  United  States  and  Great  Bri- 
tain, at  London,  Nov.  19,  1794. 

By  the  12th  Section  of  the  Act  entitled  An  Act 
to  restrain  the  trade  and  commerce  of  the  pro- 
vince of  Massachusetts  bay  and  New  Hampshire, 
and  colonies  of  Connecticut,  and  Rhode  Island  and 
Providence  plantatioBs  in  North  America,  to  Great 
Britain,  Ireland  and  the  British  Islands  in  the  West 
Indies,  and  to  prohibit  such  Provinces  and  Colo- 
nies from  carrying  on  any  fishing  on  the  banks  of 
Newfoundland  or  other  places  therein  mentioned, 


144 


under  certain  conditions  and  limitations.*  They 
say,  it  is  provided  and  enacted  'that  the  river 
which  emptieth  itself  into  Passamacadie  or  Pas- 
samaqiiaddy  bay  on  the  western  side,  and  is  com- 
monly called  or  known  by  the  name  of  St.  Croix 
river  be  held  and  deemed  for  all  the  purposes  in 
this  act  contained  to  be  the  boundary  Hne  be- 
tween the  Provinces  of  Massachusetts  bay  and 
Nova  Scotia. 

This  act  creates  no  now  boundary,  it  merely  re- 
cognizes, confirms  and  establishes  the  river  St. 
Croix  as  a  boundary  between  the  Provinces  of 
Nova  Scotia  in  the  patent  to  Sir  William  Alexander 
in  1621  ;  which  was  agreed  upon,  settled,  known 
and  acknowledged,  as  the  boundary  between  the 
Province  of  Nova  Scotia  and  the  territory  of  New 
England,  granted  to  the  councd  of  Plymouth  in  the 
year  1620,  which  after  the  surrender  of  their  Grand 
Charter  was  the  boundary  between  Nova  Scotia 
and  the  territory  granted  to  the  Duke  of  York  in 
1664,  which  was  recognized  as  the  western  boun- 
dary of  Nova  Scotia  by  the  charter  of  WiUiam  and 
Mary  to  the  Province  of  Massachusetts  bay  in 
1691,  and  which  from  the  treaty  of  Utrecht  in 
1713,  was  the  boundary  between  the  Provinces  of 
Massachusetts  bay  and  Nova  Scotia,  received  and 
established  by  the  Crown,  and  known,  acknow- 
ledged and  acquiesced  in  by  the  Government  of 
Massachusetts  bay. 

That  from  the  time  of  the  passing  of  this  act  of 
Parliament  in  1774,  the  boundaries  of  the  Province 


Nova  Scotia  remained  unaltered  to  the  treaty  of 
peace  in  1783,  will  not,  it  is  presumed,  be  denied. 
And  it  wiir  not  be  difficult  now  to  show  that  the 
river  Scoudiac,  under  the  name  of  the  river  Saint 
Croix  formed  a  part  of  the  boundary  described 
m  that  treaty. 

It  is  sufficient  here  to  observe,  that  at  the  time 
the  treaty  of  Peace  was  made  in  1783;  the  provin- 
ces of  Quebec  and  Nova  Scotia  belonged  to  and 
were  in  the  possession  of  the  crown  of  Great 
Britain,  and  that  his  Britannic  Majesty  at  that  time 
had  an  undoubted  right  to  cede  to  the  United 
States  of  America  such  part  of  these  territories  as 
he  ^night  think  fit,  and  that  in  making  the  cession 
of  the  territory  comprised  within  the  boundaries  of 
the  United  States  as  described  in  the  second  ar- 
ticle of  the  treaty  of  peace,  his  Majesty  must  be 
supposed  to  have  used  the  terms  describing  these 
boundaries  in  the  sense  in  which  they  had  been 
uniformly  understood  in  the  British  Nation,  and 
rer  jinzud  in  public  documents  and  acts  of  go- 
vernment. In  this  sense,  and  in  no  other,  could 
they  have  then  been  understood,  or  can  they  now  be 
claimed  or  insisted  upon  by  the  United  States.  In 
this  sense,  and  in  no  other,  is  his  Majesty  bound  to 
give  the  possession.  Whatever  river  was  at  that 
time  known  and  recognized  by  his  Majesty  and  the 
British  government  as  ilie  river  St.  Croix,  forming 
a  boundary  between  the  province  of  Massachusetts 
bay  and  Nova  Scotia,  that  river,  and  no  other,  can 
now  be  claimed  as  a  part  of  the  Eastern  boundary 
19 


i  4>Mmk 


14a 


t  f 


■i.'  re. 


of  the  United  States.     It  is  sufficient  that  in  this 
'  act  of  parliament  the  river  St.  Croix  is  described 
by  a  pLrticular   location  and   boundaries  which 
cannot  be  mistaken,  known  to  both  parties  at  the 
time,  and  assented  to  on  the  part  of  the  United 
'  States  by  their  accepting  the  act  and  not  giving 
r  any  local  designation  of  the  river  which  they  now 
claim,  or  of  any  other  river  than  that  thus  ascer- 
tuined  by  precise  description,  and  known  by  them 
to  have  been  established  and  at  the  time  contem- 
plated by  Great  Britain  as  the  boundary  between 
the  provinces^ 

If  this  principle  were  once  departed  from,  there 
would  be  no  check  to  construction  on  the  subject, 
though  it  would  be  fortunate  to  his  Majesty's  in- 
terests if  he  were  not  thus  bound,  as  it  might  be 
clearly  shown  in  that  case  that  the  river  Penob- 
scot, once  indiscriminately  with  other  rivers  upon 
this  coast  called  the  St.  Croix,  was  the  true  boun- 
dary, by  which  Nova  Scotia  or  Acadie  was  ceded 
to  his  Majesty  by  the  treaty  of  Utrecht,  and  ought 
in  such  case,  by  the  principles  of  the  law  of  na- 
tions to  be  established  as  the  eastern  boundary  of 
the  United  States.  '  '    i 

But  the  words  in  the  twelfth  section  of  the  act 
of  Parliament  above  recited  do  not  in  any  wise  re- 
late to,  or  suppose  any  subsisting  doubts  about  the 
locality  or  identity  of  the  river  called  or  known 
by  the  name  of  the  St.  Croix  river,  but  have  refer- 
ence, as  has  been  fully  shown  to  the  ancient  Itm- 
itf  of  the  province  of  Nova  Scotia  as  established 


Vl 


I* 


MIL 


by  the  original  grant  of  it  to  Sir  William  Alexan- 
der from  King  James  the  First,  in  the  year  1621/ 
recognized  in  all  subsequent  public  documeift;^  and 
transactions  relating  thereto,  and  claimed  by  the 
province  of  Massachusetts  bay  as  their  Eastern 
boundary  under  the  charter  of  King  William  and 
Queen  Mary  in  1691.  ,.  ^  ,,         ^,      . 

^^iS^^M^i^^^M.-^   EXTRACT,   &C.  «-;^^^,^^^,^^^^^ji^ 

The  mcst  accustomed  and  convenient  rule  in 
cases  of  this  kind  is  to  leave  to  each  power  respec- 
tively the  sources  of  those  rivers  that  empty  them- 
selves, or  whose  mouths  are  within  its  territory 
upon  the  sea  coast,  if  it  can  be  done  consistently 
with,  or  in  conformity  with  the  intent  of  the  treaty. 
If  it  can  be  shewn  that  this  rule  in  the  present 
case,  can  be  adopted  consistently  with  what  has 
been  shown  to  be  the  intent  of  the  treaty,  it  will 
form  an  unanswerable  argument  in  favour  of  a 
compliance  with  the  rule,  more  especially  if  a  dif- 
ferent construction  will  involve  the  inconveniences 
intended  to  bo  avoided  by  so  just  a  principle  of 
interpretation.    *' ^  *«^..^r^Trr  .-*?  «^ 

Let  us  ,  in  this  view  attend  to  the  words  made 
use  of  in  the  treaty  describing  the  first  station  or 
boundary  from  which  a!l  the  other  boundaries  of 
the  United  States  are  to  be  traced,  viz.  from  the 
northwest  angle  of  Nova  Scotia,  viz.  that  angle  which 
is  formed  by  a  lino  drawn  due  north,  frpm  the 
source  of  St.  Croix  river  to  the  highlands,  which 
divide  those  rivers  that  empty  themselves  into  the 


^^"■- 


It ; :.' 


^  11.'     ' 


I 


i 

1  i 

:.           Ji 

;■  1 

^^W 

1 

w^^ 

1     1 

148 


» I 


river  St.  Lawrence,  from  those  which  fall  into  the 
Atlai;^^  Ocean.  It  appears  from  a  map  actually 
complied  in  most  instances  from  actual  surveys,  an 
authentic  copy  of  which  is  now  before  the  Boi^rd, 
that  a  line  drawn  due  north  from  the  source  of  the 
Cheputnatccook  River,  or  northern  branch  of  the 
River  Scoudiac  or  St.  Croix  will  not  intersect  the 
highlands  here  described,  but  will  intersect  the 
River  Restigouche,  which  empties  itself  into  the 
bay  of  Chalours,  which  falls  into  the  Gulf  of  St. 
Lawrence,  and  will  also  intersect  the  Metabediac 
lake  which  is  the  head  or  source  of  a  river  like- 
wise falling  into  the  bay  of  Ciialcurs.  In  addition 
therefore  to  the  argument  drawn  from  the  inconve- 
nience resulting  from  its  cutting  olF  the  sources  of 
theie  rivers,  which  discharge  themselves  withip 
the  British  territory  upon  the  sen  coast;  the  source 
of  this  branch  of  the  Scoudiac  or  St.  Croix,  can- 
not bo  the  source  intended  by  the  treaty  of  peace, 
bocauso  in  such  case  we  cannot  arrive  at  the 
northwest  angle  of  Nova  Scotia,  which  is  the  first 
bound  or  station  upon  which  the  other  boundaries 
depend,  as  they  must  be  traced  from  thence,  that 
ii  to  say  ♦  that  angle  which  is  found  by  a  hue  drawn 
duo  north  from  the  source  of  bl.  Croix  river  to 
the  highlands  which  divide  those  rivbrs  that  enipty 
themselves  into  the  river  St.  Lawrence  from  those 
which  fall  into  the  Atlantic  ocean.'  For,  if  the 
fact  bo  as  above  stated,  should  a  line  be  traced 
duo  north  from  the  source  of  the  Cheputnatccook, 
if  the  kigh  lands  io   ruch  case  are  on  this,  side  or 


149 

to  the  southward  of  the  river  Restigouche,  they 
will  divide,  -the  rivers  that  fall  into  the  Atlantic 
ocean,  or  bay  of  Fundy,  from  those  that  fall  into 
the  gulf  of  St.  Lawrence  ;  if  they  are  between 
the  river  Restigoucho  and  the  Metabediac  lake  ' 
they  will  divide  the  rivers  which  from  different 
sources  unite  and  fall  into  the  Gulf  of  St.  Lawrence, 
if  they  are  beyond  this  lake,  they  will  divide  the 
rivers  which  fall  into  the  Gulf  of  St.  Lawrence^ 
from  those  v/hich  fall  into  the  river  St.  Lawrence ; 
the  requisite  angle  therefore  will  not  be  found  upon 
this  line.  But  if  a  line  is  tfaced  due  north  from' 
the  source  of  the  western  or  main  branch  of  the 
river  Scwidic  or  St.  Croix,  it  will  run  to  the 
westward  of  the  sources  of  all  the  rivers  that  fall 
into  the  Gulf  of  St.  Lawrence  and  will  strike  the 
highlands  which  divide  the  rivers  that  fall  into  the 
Atlantic  Ocean  from  those  which  empty  themaelvos 
into  the  river  St.  Lawrence  and  consequently  give 
the  requisite  angle  or  first  bound.  .  .<v 

There  is  certainly  a  clear  distinction  in  the  grant 
to  Sir  William  Alexander  between  the  river  Saint 
Lawrence  and  the  gulf  of  Saint  Lawrence  or  rather 
of  Canada ;  the  boundary  line  by  this  grant,  after 
striking  that  river  is  to  follow  the  course  of  it  oast- 
ward  to  Gaspet),  which  lies  to  the  northward  of  the 
bay  of  Chalburs  and  afterwards  the  gulf  is  men- 
tioned, and  the  words  made  use  of  in  the  grant, 
seem  to  import  a  considerable  distance  eastwardi 
between  the  line  where  it  strikes  the  river  of  Can- 
ada of  Saint  Lawrence  and  Gaspee. 


li; 


i! 


Jt;f 

m 


-  ■■:  f7  ;■■-.  ;.^'fll|t- 


,.|- 


■-■Wv 


160 


•-^:v^^' 


It  is  far  from  being  certain  that  the  ridge  of  high- 
lands which  divides  the  rivers  that  empty  them- 
selves into  the  river  St.  Lawrence  from  those  which 
fall  into  the  .\tlantic  Ocean,  is  continued  to  the 
eastward  of  ths  sources  of  the  rivers  which  fall  into 
the  guif  of  St.  Lawrence,  but  whether  thus  con- 
tinued or  not,  the  inference  is  clear  from  the  fore- 
going facts  and  reasoning  that  neither  the  Cheput- 
natecook  nor  consequently  the  Magaguadavic  or 
any  other  river  whose  source  is  eastward  of  the 
source  of  the  Cheputnatecook  can  be  the  river  in- 
tended under  the  name  of  the  river  St.  Croix  in  the 
treaty  of  peace. 

But  to  apply  these  facts  to  the  point  more  im- 
mediately under  consideration,  whether  a«  line  dud 
north  from  the  source  of  the  western  or  main 
branch  of  the  river  Scoudiac  or  St.  Croix,  will 
leave  to  each  of  the  parties  to  the  treaty  the  sources 
of  those  rivers  that  empty  themselves,  or  whose 
mouths  are  within  its  territory  upon  the  sea  coast 
respectively. 

The  effect  so  far  as  it  regards  the  United  States 
is  completely  secured  by  the  treaty  in  all  events, 
and  thence  we  have  further  reason  to  suppose  it 
was  intended  to  be  reciprocal  in  this  respect,  if  a 
just  interpretation  will  warrant  it.     • 

A  line  due  no  a  from  the  source  of  the  western 
or  main  branch  of  the  Schoudiacor  St.  Croix,  will 
fully  S'dcure  this  effect  to  the  United  States  in  every 
instance,  and  also  to  Great  Britain  in  all  instances  ex- 
cept in  that  of  the  river  St.  John,  wherein  it  becomes 


^ 


rsi 


impossible  by  reason  that  the  sources  of  this  river 
are  to  the  westward,  not  only  of  the  western  boun- 
dary line  of  Nova  Scotia,  but  of  the  sources  of  the 
Penobscot  and  even  of  the  Kennebec,  so  that  this 
north  line  must  of  necessity  cross  the  St.  John, 
but  it  will  cross  it  in  a  part  of  it  almost  at  the  foot 
of  the  highlands  and  where  i*  ceases  to  be  naviga- 
ble. But  if  a  north  line  is  traced  from  the  source 
of  the  Chcputnatecook,  it  will  not  only  cross  the 
river  St.  John,  within  about  fifty  miles  from  Fred- 
erickton,  the  metropolis  of  New  Brunswick,  but 
will  cut  off  the  sources  of  the  rivers  which  fall  into 
the  Bay  of  Chaleurs,  if  not  of  many  others,  probably 
of  the  Meramichi,  among  them  which  fall  into  the 
Gulf  of  St.  Lawrence,  and  thereby  be  productive 
of  inconvenient  consequences  to  the  two  powers, 
if  not  of  contention  between  them,  instead  of  *  ter- 
minating their  differences  in  such  a  manner,  as 
may  be  best  calculated  to  produce  mutual  satisfac- 
tion and  good  understanding'  which  is  one  of  the 
principal  and  avowed  objects  of  the  treaty. 

Had  the  treaty  intended  that  this  north  line 
should  intersect  a  number  of  rivers  which  empty 
their  waters  through  a  British  province  into  the 
sea,  a  right  of  navigation  or  passage  down  those 
rivers  would  doubtless  have  been  secured  to  the 
United  States  by  the  treaty.  That  this  was  not 
the  intention  of  the  treaty,  not  only  appears  from 
the  facts  and  reasoning  that  have  already  been  ad- 
duced, but  from  a  further  consideration,  that  in 
most,  if  not  all  the  maps  of  the  interior  country 


i>ai  4 


■li 


'^■+:« 


Hi    t 


i'i 


¥'  ,1 


162 


published  before  the  year  1783,  although  the  sources 
of  the  river  Saint  Croix  are  very  inaccurately  laid 
down,  still  it  is  very  uniformly  made  to  terminate  in  a 
lake  near  the  eastern  branch  of  the  Penobscot,  and 
a  line  drawn  north  from  that  termination  upon 
those  maps,  will  not  intersect  any  of  the  rivers 
which  empty  themselves  into  the  sea  to  the 
eastward  of  the'  mouth  of  the  river  Saint  Croix 
except  the  river  Saint  Johns.  This  furnishes  an 
unanswerable  argument  so  far  as  any  fair  con- 
clusions can  be  drawn  from  those  maps  in  proof 
not  only  that  the  river  Scoudiac,  is  the  true  ancient 
, river  Saint  Croix  and  consequently  intended  by  the 
treaty  of  peace  under  the  name  of  Saint  Croi^x, 
but  that  its  true  source,  is  upon  that  western  brandh 

^in  a  lake,  near  to  an  eastern  branch  of  the  river 
Penobscot.  .,        ,  ■         s.  .,  » 

If  then  there  were  [£ny  doubt  remaining  which  is 

.the  true  source  of  the  river  Saint  Croix  from  which 
the  line  due  north  to  the  highlands  is  to  be  traced, 
the  inconveniences  above  mentioned  would  form  the 

,  strongest  argument,  against  a  decision  from  which 
they  would  result,  and  in  favour  of  that  by  which 
they  will  be  avoided ;  much  more  so  when  the  lat- 
ter decision  will  correspond  with  and  be  supported 
,by  so  many  other  xncontestible  proofs  and  argu- 
ments clearly  establishing  the  river  Scoudiac  to 
the  source  of  the  western  branch,  to  bo  the  river  St. 

*  Croix  truly  intended  under  that  name,  in  the  trea- 

^  ty  of  peace  and  forming  a  part  of  the  boundary 
therein  described  ;  and  the  northwest  angle  of  No- 


I    i'\- 


153 


va  Scotia  mentioned  in  the  same  treaty  to  be  form- 
ed by  a  line  drawn  due  north  from  that  s(  arce  to 
the  highlands  described  in  the  treaty. 

Whether  therefore  we  follow  the  words  of  the 
grant  to  Sir  William  Alexander,  by  which  we  must 
be  at  all  events  concluded;  or  follow  the  main 
branch  of  the  liver  retaining  the  same  name ;  or 
are  p^overned  by  the  uniiorm  decision  of  geograph- 
ers and  historians  of  credit  upon  the  subject,  and 
the  rules  and  principles  of  the  law  of  nations  for 
the  interpretation  of  treaties,  we  shall  be  led  to 
the  same  place  as  the  source  of  the  river  from 
which  the  line  due  north  must  be  traced  to  the 
northwest  angle  of  Nova  Scotia. 

But  even  if  it  had  not  been  kr.own  at  the  time 
of  the  grant  to  Sir  Wm.  Alexander  that  this  river 
had  two  branches,  and  the  grant  had  been  expres- 
sed generally,  to  the  furthest  source  of  the  river 
St.  Croix,  still  the  main  branch,  or  that  retaining 
the  name  of  the  river  at  its  mouth  must  have  been 
followed  to  its  source,  not  only  to  satisfy  the  words 
of  the  grant,  but  to  give  it  its  intended  construc- 
tion and  operation. 

It  clearly  appears  to  have  been  the  intention  of 
the  grant  to  give  as  large  n  territory  to  be  erected 
into  the  province  of  Nova  Scotia  as  the  river  St. 
Croix  could  give  by  tracing  a  line  due  north  from 
its  source  to  the  great  river  of  Canada,  and  it  is  ex- 
pressly provided  in  the  grant,  contrary  to  the  gen- 
eral rules  for  the  construction  of  the  Kings  grants 
that  if  any  questions  or  doubts  should  thereafter 
20 


•'•-r!P!ftl 


).ni;»nHBbsi'ir' 


154 


i:,.*.-   ^'^ 


M. 


f  *' 


arise  upon  the  interpretation  or  construction,  of 
my  clause  contained  in  the  grant,  that  they  should 
all  be  taken  and  interpreted  in  the  most  extensive 
sense  and  in  favour  of  the  said  Sir  William  Alex- 
ander. 

Having  traced  the  original  boundaries  of  the 
province  of  Nova  Scotia,  to  the  farthest  source  or 
spring  of  the  river  St.  Croix,  upon  the  western 
branch  thereof,  and  thereby  found  the  utmost  wes- 
tern  limits  of  the  province,  it  remains  only  ta  dis- 
cover its  uimost  northern  limits  in  order  to  ascertain 
the  northwest  angle  we  are  in  search  of. 

The  province  of  Nova  Scotia  at  the  time  of  the 
treaty  in  1 783,  was,  as  has  already  appeared  bounded 
to  the  northward  by  the  southern  boundary  of  the 
province  of  Quebec,  which  boundary  was  establish- 
ed by  the  royal  proclamation  of  the  7th  October, 
1763,  and  confirmed  by  the  act  of  the  14th  Geo. 
3  C.  83,  passed  in  the  same  year  with  the  act  of 
parliament  already  cited,  by  which  it  is  enacted 
that  all  the  territories,  islands  and  countries  in 
North  America,  belonging  to  the  crown  of  Great 
Britain  bounded  on  the  south  by  a  line  from  the 
bay  of  Chaleurs  along  the  highlands  which  divide 
the  rivers  that  empty  themselves  into  the  river  St. 
Lawrence,  from  those  which  fall  into  the  sea  to  a 
point  in  forty-five  degrees  of  northern  latitude  on 
the  eastern  bank  of  the  river  Connecticut,  &c.  ^)e 
annexed  to,  and  made  a  part  and  parcel  of  the 
province  of  Quebec. 


!!'  ,1 


ill 


155 


As  then  at  the  treaty  of  peace  in  1783,  the  north- 
ern Hmit  of  the  province  of  Nova  Scotia,  was  "  a 
Hne  along  the  highlands  which  divide  the  rivers 
that  empty  themselves  into  the  river  St.  Lawrence, 
from  those  which  fall  into  the  sea,"  «i  unquestion- 
ably follows^  that  the  northwest  angle  of  Nova  Sco- 
tia, at  the  time  of  the  treaty  of  peace  in  1783,  was 
that  angle  ivhich  was  formed  by  a  line  drawn  due 
north  from  the  source  of  the  river  St.  Croix  to  those 
highlands.  If  we  now  compare  this  angle  with 
the  northwest  angle  of  Nova  Scotia,  described  in 
the  treaty  of  peace,  viz. :  that  angle  which  is  form- 
ed by  a  line  drawn  due  north  from  the  source  of 
St.  Croix  river  to  the  same  highlands,  can  it  be 
said  with  any  degree  of  propriety,  that  "  the  Units 
and  boundaries  of  the  province  of  Nova  Scotia  were 
unknown  at  the  time  of  the  treaty  of  peace  in  1783, 
and  that  it  therefore  became  necessary  to  give  it 
a  western  boundary  by  the  treaty  itself,  in  these 
words,  to  wit :  that  angle  which  is  formed  by  a  line 
due  north  from  the  source  of  the  river  St.  Croix  to 
the  highlands  ?" 

Can  it  be  believed,  or  for  a  moment  imagined, 
that  in  the  course  of  human  events,  so  exact  a  co- 
incidence could  have  happened  between  the  ac- 
tual boundaries  of  the  province  of  Nova  Scotia 
and  the  boundaries  of  it  described  in  this  treaty, 
if  the  latter  had  not  been  dictated  and  regulated 
by  the  former  ? 

Can  any  man  hesitate  to  say  he  is  convinced 
that  the  Commissioners  at  Paris  in  1783.  in  form- 


;■*- 


156 


■  !■■     "f- . 


ill  '.Mi         i  -,.  •  ,i 

lf!;.f:  -.K  :  vii 


:;  I? 


m 


m^ 


i''i 


Iril: 


mg  the  second  article  of  the  treaty  of  peace,  in 
which  they  have  so  exactly  described  this  north- 
west angle,  had  reference  to  and  were  governed 
by  the  boundaries  of  Nova  Scotia  as  described  in 
the  grant  to  Sir  William  Alexander,  and  the  sub- 
sequent alteration  of  the  northern  boundary  by  the 
erection  of  the  province  of  Quebec  ? 

Will  not  this  conviction  become  irresistible,  when 
he  adverts  to  the  reservation  made  to  his  Majesty 
in  this  article  of  the  treaty,  "  of  such  Islands,  as 
then  were,  or  theretofore  had  been,  within  the 
limits  of  the  said  province  of  Nova  Scotia,  and 
to  the  islands  included  and  comprehended  within 
those  limits  as  described  in  the  grant  to  Sir  Wil^ 
liam  Alexander,  some  of  which  might  have  belong- 
ed to  the  United  States,  as  lying  within  the  hmits 
of  those  states,  but  for  the  exception  of  them  in  the 
treaty  ? 

Let  us  now  compare  the  western  boundaries  of 
the  province  of  Nova  Scotia,  granted  to  Sir  Wil- 
liam Alexander,  with  the  corresponding  eastern 
boundaries  of  the  United  States.  As  the  river  St. 
Croix  is  not  included  in  the  grant  to  Sir  William 
Alexander,  as  stated  by  the  agent  of  the  United 
States ;  and  as  it  was  not  intended  to  be  included, 
because  as  has  been  made  to  appear,  this  river  St. 
Croix  was  an  agreed  boundary  between  the  pro- 
vince of  Noya  Scotia  erected  by  this  grant,  and  the 
territory  of  New  England,  granted  to  the  grand 
council  of  Plymouth,  it  follows  that  the  line  of  this 
grant  to  Sir  William  Alexander,  must  legally  be 


167 


construed  to  run  through  the  middle  of  the  river, 
the  river  not  being  assigned  inclusively  to  either 
territory. 

Upon  this  principle  then,  this  part  of  the  west- 
ern boundries  of  the  province  of  Nova  Scotia,  in 
the  grant  to  Sir  William  Alexander,  will  be  a  north 
line,  across  the  mouth  of  the  bay  of  Fundy,  to  the 
river  commonly  called  by  the  name  of  the  St. 
Croix,  and  through  the  same,  to  the  furthest  source 
or  spring  upon  the  western  branch  thereof,  includ- 
ing and  comprehending  all  islands  within  six  leagues 
to  the  westward  northward  and  eastward,  and  with- 
in forty  leagues  to  the  southward  of  any  part  of 
the  premises  described  in  the  grant. 

And  the  corresponding  eastern  boundary  of  the 
United  States,  by  the  second  article  of  the  treaty  of 
peace,  is, "  a  Hne  to  be  drawn  along  the  middle  of  the 
river  Saint  Croix,  from  its  mouth  in  the  bay  of  Fundy, 
to  its  source,  including  such  islands  as  then  were, 
or  theretofore  had  been,  within  the  limits  of  the 
said  province  of  Nova  Scotia,"  ^referring  to  the 
province  of  Nova  Scotia,  of  which  the  northwest 
angle  before  described  was  made  the  first  station 
or  boundary,  from  which  the  boundaries  of  the 
United  States  were  traced. 

As  it  has  already  been  shown  that  the  source  of 
this  river  Saint  Croix,  otherwise  called  Scoudiac, 
upon  the  western  branch,  and  near  to  a  branch  of 
the  Penobscot,  to  which  there  is  a  portage  or  car- 
rying place  from  it;  the  same  place  is  evidently 
contemplated  as  the  source  from  which  the  line 


W''^ 


158 


I 


.1.1 


T  <■    '      I 


I'll  li 


due  north  to  the  highlands,  is  to  he  drawn,  both  in 
the  grant  to  Sir  WilHam  Alexander,  and  ia  the  2d 
article  of  the  treaty  of  peace ;  and  consequently 
this  part  of  the  western  boundary  of  Nova  Scotia 
in  the  grant,  is  precisely  the  same  with  the  corres- 
pondinjT  eastern  boundary  of  the  United  States  in 
the  treaty. 

Thus  the  first  principle  stated  in  this  argument 
is  established  beyond  all  contradiction,  *  that  by  the 
second  article  of  the  treaty  of  peace,  it  was  intend- 
ed that  no  part  of  the  province  of  Nova  Scotia 
should  be  thereby  ceded  to  the  United  States,  but 
that  the  province  of  Nova  Scotia  according  to  its 
ancient  limits,  should  be  and  remain  a  part  of  the 
territories  and  dominions  of  his  Majesty,  as  his 
Majesty  had  before  that  time  held  and  possessed 
the  same.' 

And  this  principle  being  established,  the  neces- 
sity of  examining  into  and  ascertaining  precisely 
the  ancient  boundaries  of  the  province  of  Nova 
Scotia,  in  the  manner  that  it  has  been  done,  is  clear 
and  obvious,  and  the  result  of  that  examination 
compared  with  the  boundaries  in  the  treaty  of 
peace,  thus  serves  in  its  turn  to  confijrm  the  prin- 
ciple. 

This  principle  being  evident  from  the  words  of 
the  treaty  of  peace  itself,  no  explanation  of  the 
treaty,  by  either  party,  inconsistent  with  this  true 
and  obvious  intention  of  it,  can  be  received  con- 
sistently with  any  of  the  rules  and  principles  of  the 
laws  of  nations,  universally  acknowledged  and  ad* 


159 


4Viitted  obligatory  in  such  cases,  as  has  already  been 
made  to  appear,  and  will  be  more  fully  shown,  in  a 
more  particular  reply  to  the  arguments  advanced 
in  support  of  the  claim  of  the  United  States. 

From  the  foregoing  facts  and  arguments,  ihe 
under-written  agent  feels  himself  warranted  in  con- 
cluding that  the  river  Scoudiac,  is  the  river  truly 
intended  under  the  name  of  the  river  Saint  Croix, 
in  the  treaty  of  peace,  and  forming  a  part  of  the 
boundary  therein  described  ;  and  that  the  nortli- 
west  angle  of  I^ova  Scotia,  intended  by  the  treaty, 
is  that  angle  which  is  formed  by  a  line  drawn  due 
north  from  the  furthest  source  Oi  spririr;  of  the 
western  or  main  branch  of  the  Scoudiae,,  to  the 
highlands  described  in  the  treaty. 

As  the  final  declaration  to  l>e  made  by  this 
honourable  board,  deciding  what  river  is  the  river 
Saint  Croix  intended  by  the  treaty  of  peace,  must 
particularize  the  latitude  and  longitude  of  its  mouth, 
as  well  as  of  its  source,  it  may  be  proper  and  per- 
haps necessary  in  this  place,  to  say  a  few  words 
respecting  the  mouth  of  the  river  Scoudiac,  which 
has  been  so  fully  proved  to  be  the  river  Saint  Croix, 
intended  by  the  treaty. 

By  an  inspection  of  the  plan  of  the  surveys  now 
before  the  Board,  it  will  appear,  in  conformity  to 
Champlain's  authority,  that  its  proper  mouth,  is 
where  it  empties  itself  into  that  part  of  Passama- 
quaddy  bay  which  was  formerly  called  the  bay  of 
Saint  Croix,  and  is  now  called  Saint  Andrews  bay ; 
and  this  mouth  is  traversed  by  a  hne  drawn  from 


i'i.'*'; 


1,1 


160 


lifi  ,i; 


'i,'      :' 


v^  a' ' 

1(1  ■  'i     - 


the  north  point  of  Saint  Andrews  harbor,  common- 
ly called  Joe's  point,  across  the  river  to  the  oppo- 
site point  upon  the  western  shore  near  to  the  place 
where  Mr.  Brewer  now  lives.  In  conformation  of 
this,  the  Indians  produced  and  examined  before 
the  Board,  as  witnesses  on  the  part  of  the  United 
States,  have  testified  that  from  Brewer's  upwards, 
the  waters  are  called  Scoudiac ;  and  from  thence 
downwards,  Passamaquoddy  bay. 

And  the  author  of  the  history  of  the  district  of 
Maine,  also  speaks  of  the  proper  mouth  of  this 
river  as  being  at  or  near  St.  Andrews,  where  he 
Bays,  "  the  English  now  possess  the  country  as 
far  west  as  the  east  bank  of  the  Scoudiac  at  its 
mouth." 

It  being  established  that  the  river  Scoudiac, 
under  the  name  of  the  river  St.  Croix,  made  a  part 
of  the  original  boundaries  of  the  province  of  Nova 
Scotia,  and  continued  to  be  a  part  of  its  western 
bodiidary  at  the  time  of  the  treaty  of  peace  in 
1783,  it  may  be  proper  now  to  inquire  viUether 
that  province  has  in  fact,  exercised  its  jurisdiction 
agreeably  to  those  limits ;  and  to  ascertain  this 
fact,  as  far  as  it  regards  this  western  boundary,  wc 
can  go  no  further  back  with  any  degree  of  accu- 
racy, than  the  treaty  of  peace  in  1783;  for  pre- 
vious to  the  war,  immediately  preceding  that  pe- 
riod, this  part  of  Nova  Scotia,  or  Acadie,  had  been 
with  little  interruption,  in  the  hands  of  the  French, 
notwithstanding  the  treaty  of  Utrecht,  by  which 
it  was  fully  ceded  to  Great  Britain. 


■&  i  ■ 


vi' 


l&l 


Tbo  whole  country  coming  mio  the  possession 
of  his  Britannic  Majesty,  by  the  treaty  of  1763, 
we  are  from  thence  to  date  our  enquiries  respect- 
ing the  jurisdiction,  in  fact  exercised  oyer  this  part 
of  the  country,  down  to  the  peace  in  the  year 
1783.:!;  -.,.^A  ^..  ■/: 

The  boundaries  of  the  province  of  Nova  Scotia, 
as  described  in*  the  commissions  to  the  Govern- 
ors of  it,  from  his  Majesty  during  that  period,  con- 
formed as  we  have  seea  to  the  boundaries  of  it, 
as  described  in  the  grant  to  Sir  William  Alexan- 
der, without  any  material  variation,  except  the  al- 
teration of  its  northern  limits  occasioned  by  the 
erection  of  the  province  of  Quebec.  „«,^^^  j^,„,^ 


Copy  of  ik$  declaration  executed  by  th  Commissionen-^vvi. 

By  Thomas  Barclay,  David  Howell,  and  Egbert 
Bendon,  Commissioners  appointed  in  pursuance  of 
the  fifth  article  of  the  treaty  of  amity,  commerce 
and  navigation  between  his  Britannic  Majesty  and 
the  United  States  of  America,  finally  to  decide 
the  question  '  what  rivor  was  truly  intended  under 
the  name  of  the  river  St  Croix  mentioned  in  the 
treaty  of  peace  between  his  Majesty  and  the  Uni- 
ted States,  and  forming  a  part  of  the  boundary 
(herein described.'  '   -i^'-"^" 


iMiii 


,1  i" 


IH 


Hi 


162 


<«■.'.  'yt 


>wi'- 


Jt^i 


A.  UUmiARATION. 


•^MtHi^- 


I.Ufa,*J»-. 


3  '  ■  •  I' 


i^ 


Wc,  the  said  Commissioners,  having  been  sworn 
<  impartially  to  examine  and  decide  the  said  ques- 
tion according  to  such  evidence  as  should  respec- 
tively be  laid  before  us  on  the  part  of  the  British 
government  and  the  United  States,'  and  having 
heard  the  evidence  which  hath  been  laid  before  us 
by  the  agent  of  his  Majesty  and  the  agent  of  the 
United  States,  respectively  appointed  and  author- 
ized to  manage  the  business  on  behalf  of  the  re- 
spective governments  have  decided,  and  hereby 
do  decide.  The  river  herein  after  particularly 
dencribed  and  mentioned  to  be  the  river  truly  in- 
tended under  the  name  of  the  river  St.  Croix  iii 
the  said  treaty  of  peace  and  forming  a  part  of  the 
boundary  therein  described.  That  is  to  say,  the 
mouth  of  the  said  river  is  in  Passamaquaddy  bay 
at  a  point  of  land  called  Joe's  point,  about  one 
mile  northward  fruiu  the  northern  part  of  Su  An- 
drews Island,  and  in  the  latitude  of  forty-five  de- 
grees, five  minutes  and  five  seconds  north,  and  in 
the  longitude  of  sixty-seven  degrees  twelve  min- 
utes and  thirty  seconds  west  from  the  Royal  Ob- 
servatory at  Greenwich  in  Great  Britain,  and  three 
degrees  fifty-four  minutes  and  fifteen  seconds  east 
from  Harvard  College  in  the  University  of  Cam- 
bridge in  the  State  of  Massachusetts,  and  the  course 
of  the  said  river,  up  from  its  said  mouth,  is  north- 
erly to  a  point  of  lund  called  the  Devil's  Head, 
then  turning  the  said  point,  is  westerly  to  where  it 
divides  into  two  streams,   the  one   coming  from 


163 


the  westward  and  the  other  coming  frorai  the  north- 
ward, having  the  Indian  name  of  Cheputnatecook  or 
Chibniticookt  as  the  same  may  be  variously  spelt ; 
then  on  the  said  stream  so  coming  from  the  northward 
to  its  source,  which  is  at  a  stake  near  a  yellow  birch 
tree,  hooped  with  iron,  and  marked  S.  T.  and  J. 
H.  1797,  by  Samuel  Titcomb  and  John  Htirris,  the 
surveyors  employed  to  survey  the  abotementioned 
stream  coming  from  the  northward.  And  the  Sftid 
river  is  designated  on  the  map  hereunto  annexed 
and  hereby  referred  to,  as  farther  descriptive  of  it 
Iby  the  letters  A  B  C  D  E  F  G  H  I  K  and  L.  The 
letter  A  being  at  its  said  source,  and  the  course  and 
distance  of  the  said  source  from  the  island  at  the 
confluence  of  the  abovementioned  two  streams 
is,  as  laid  down  on  the  said  map,  north  five  degrees 
and  about  fifteen  minutes,  \yest  by  the  magnett 
about  forty-eight  miles  and  one  quarter,  o.tmi  .viytt 
In  testimony  whereof,  we  have  hereunto  set  our 
hands  and  seals,  at  Providenpe,  in  the  State  of 
Rhode  Island,  the  twenty-fifth  day  of  October,  in 
the  year  oue  thousand  seven  hundred  and  ninety-^ 
eight*  '"" '■  f' '*rt'v»  .-'*•<..  .•t-»,.»ffL..vi  ,»*»».«  ifs  '  f..i''h 
(signed)  THOMAS  BARCLAY,  L.  S. 
Hv.t  .  ,        DAVID  HOWELL,  L.  8.    \^ 

EGBERT  BENSON,  L.  «.^ 
Witness,  Edward  Winslow,  Secretary  to  the  Com- 


missioners. 


.'i.^,»'  '    ViilU   l-i'  '  ♦s'lli.i/"  i: 


t 


.    ■,!•'/?•-■' 


m 


")  f '  I 


Villi 


10m 


i 


164 


f.^f' 


■ 

m 

'i 

■  If ^w 

II 

ii , 

1 

fv           i 

'   1 

6\]>j>^  of  unexecuted  Declaration.  ^ 

/By  the  Commissioners  appointed  in  pursuance 
of  tlie  fifth  article  of  the  treaty  of  amity,  com- 
merce and  navigation  between  his  Britannic  Ma- 
jesty and  the  United  States  of  America,  finally  to 
decide  the  question.  What  river  was  truly  intend- 
ed under  the  name  of  the  river  St.  Croix,  mention- 
ed in  the  treaty  of  peace  between  his  Majesty  and 
the  United  States,  and  forming  a  part  of  the  boun- 
dary therein  described.'        ii*-'«^l  ;>  ',   •  V-      ^r   fv  m 

«yf)i  f .f^f%i»»s4*'^  ■  •^' f^-v^'>" '*'*♦•■  ♦•'^''.'^ '''■"*'  >"'^"    '■   ■>-  '  ■■y^^ 

.*l    .i,ss.    ^     t    .'  DECLARATION.  .        ,     ,   ,       >    ,.., 

""^  We,  the  said  Commissioners,  having  been  sworn 
impartially,  to  examine  and  decide  the  said  ques- 
tion, according  to  such  evidence  as  should  respec- 
tively be  laid  before  us,  on  the  part  of  the  British 
Government  and  of.  the  United  States,  and  having' 
heard  the  evidence  rhich  has  been  laid  before  us 
by  the  agent  of  his  Majesty  and  the  agent  of  the 
United  States,  respectively  appointed  and  autho- 
riiied  to  manage  the  business  ir .  behalf  of  the  re- 
spective Governments,  have  decided,  and  heruby  do 
decide,  that  the  river  described  as  follows,  viz: 
The  source  of  it  is  where  it  issues  from  the  lake  Ge- 
nesagranagrumsis,  one  of  the  Scoudirc  lakes,  and 
distant  about  five  miles  and  three  quarters,  in  a  di 
rect  course  from  where  the  Cheputnatocook  fails 
into  it,  and  about  twenty  miles  and  a  half,  also  on 


165 


a  direct  course  from  the  point  of  land  called  the 
DeviPs  head,  and  from  its  said  source,  as  far  at 
least  as  to  the  said  point  of  land,  it  has  the  Indian 
name  of  Scoudiac,  and  its  course  for  that  extent  is 
easterly,  and  then  turning  the  said  point  and  leav- 
ing Oak  point  bay  on  the  north,  its  course  is  soutli- 
erly  to  its  mouth,  which  is  where  it  empties  itsftVf 
into  Passamaquaddy  bay,  at  a  point  of  land  called 
Joe's  point,  about  one  mile  northerly  from  the  north- 
ern point  of  the  island  of  St.  Andrews,  and  in  the  lat- 
itude of  forty-five  degrees,  five  minutes,  and  fitre 
seconds  north,  and  in  the  longitude  of  sixty-sev^n 
degrees,  twelve  minutes,  and  thirty  seconds  west, 
from  the  royal  observatory  of  Greenwich  in  Great 
Britain,  and  three  degrees  and  fifty  four  minutes 
and  fifteen  seconds  east  from  Harvard  College  in 
the  University  of  Cambridge,  in  the  State  of  Massa- 
chusetts, is  the  river  truly  intended  under  the  nane 
of  the  river  St.  Croix,  mentioned  in  the  said  trea- 
ty of  peace,  and  fonning  a  part  of  the  boundary 
therein  described,  and  the  map  of  it  hereunto  an- 
nexed, is  hereby  referred  to  as  further  description 
of  it.  .  j  ■.■-  —  .  ,    •.-  ■■'^i^-'.  J  i 

In  testimony  whereof  w©  have  hereunto  set  our 
hi^nds  and  seals,  at  Prov.J  jnce,  in  tlie  State  of 
Rhode  Island,  the      day  of  in  the  year,  ooe 

thousand  seven  hundred  and  ninety-eight. 

Providence,  October  23rf,  1798. 

Sir — ^I  have  considored  with  atterri*^  i  youi  let- 
ter of  this  day,  and  it  appears  to  me  evident  that 
the  adoption  of  the  river  Cheputnatecook  [    -i  part 


'■■pi 

mi 

Mm 


iU 


m 
n 


II,    !  '. 


:|l      i 


16& 

of  the  boundary  between  his  Majesty's  American 
dominions  and  those  of  the  United  States,  in  pre- 
ference.) to  a  Hne  drawn  fwvn.  the  easternmost  point 
of  the  Scoudiac  lakes,  would  be  af  tend  od  with  con- 
siclerabie  advantage.  It  wculd  give  pd  addition  of 
territory  to  the  povince  of  Neir  Brae  A'ick,  to- 
g<jtUer  witn  a  greater  extent  of  navigation,  on  St. 
John's  river,  und  above  all,  a  larger  stretch  of  nat- 
ural frontier  calculated  to  prevent  f'ltn.*  3  difficul- 
ties and  disci(;i?ions  between  the  two  countries. 
Ii(  therefore  by  assenting  to  thv  proposal  of  the 
American  agent,  you  can  bring  about  the  unani- 
jm>n3  concurrence  of  the  Commissioners  in  this 
measure,  I  am  of  opinion,  that  you  will  promote 
\m  Majesty's  real  interest,  and  I  will  take  the 
earliest  opportunity  with  a  view  to  your  justifica- 
tion of  expressing  these  my  sentiments,  on  the  sub-- 
ject  to  his  Majesty's  Secretary  of  State.   ,      ' 

';   •  i  I  have  the  honor  to  be,      >  .^v;  »'>>••  |  j-u  ,;. 

;    .'With  great  truth  and  regard,  ^     .    • 

.    !       '    -^i'  ^ir,  your  most  obedient      sH  n  ij     f 

S  rr^ffh-^  «4s  'Humble  servant, 

(Signed)  ROBERT  LISTON. 

WARD  CHIPMAN,  Esq.     : 


'i.'.'-i    '•). 


IVo.  14. 


I>r»s: 


TitlW^rom  the  Governor  of  'ft-ne,  to  the  Secretary  nf  StcAe  ' 

the         ^d  States. 

•   '       "'■    ^''   '"'^  "  Portland, '2X)th  March,  \Q%. 

^m :  Having  1?  =  ^  i'  0  honour  to  receive  your  let- 


■  t;  \: '  i"^  7:'"*'f ' " .  --■■ 


^  .  167 

ter  of  January  29th  last,  I  transmit,  in  reply,  the 
accompanying*  Report  and  Resolves,  relative  to 
the  northeastern  boundary  of  the  State  of  Mains. 
The  attention  which  you  have  heretofore  paid  to 
the  adjustment  ot  the  United  States'  boundary, 
especially  in  another  part  of  the  Union,  assures  me, 
that  you  will  receive  the  documents,  1  have  men- 
tioned, with  that  interest  to  which  they  are  entit- 
led. With  the  confidence  which  belongs  to  the 
patriotic  and  paternal  character  of  the  govern- 
ment of  the  Union,  and  without  complaining  of  it, 
in  any  particular,  I  may  be  permitted  to  say  that 
the  growing  importance  of  the  country  claimed 
against  the  United  States  and  Maine,  carries  along 
an  increasing  desire  to  have  an  open  or  confiden- 
tial developement  of  the  material  facts. 

The  Report  and  Resolves  contain  the  evidence 
of  the  present  disposition  and  purposes  of  the 
State,  which  will  receive  my  official  co-operation 
with  the  same  zeal  and  fidehtv  that  wi'l  cheerfully 
be  applied,  if  requisite,  in  aiding  to  carry  into  ef- 
fect any  federal  measure  applicable  to  the  protec- 
tion of  the  rights  in  question.  The  anxiety  of  a 
•=^overeign  State  to  possess  the  documents,  (or  co- 
pies of  them,)  which  contain  the  evidence  of  a  ti- 
tle to  soil  and  of  a  jurisdictional  authority  which 
it  will,  under  the  United  States,  maintain,  if  it 
si^all  discharge  its  duty  either  to  those  States  or  to 
itielf,  will  be  duly  appreciatcjd  by  yourself  and  h) 
the  President 


I . )   i- 1  i. 


ti 


L-tU  ^  it 


\ii-: 


.  il  J 


Seo  Iicsolves  of  Maine,  pagr  r>T' 


isiS 


■  '■^'■mrmi 


-»  ^^ 


n^:m 


168  ' 

While  that  anxiety  is  here  entertained  by  all  the 
citizens,  it  is  not  only  with  reference  to  an  impor- 
tant local  concern,  but  is  connected  with  their  in- 
clination to  a  harmonious  action  with  all  who  con- 
sent to  admit  of  it.  In  pursuance  therefore  of 
the  Resolve  of  the  Legislature  of  Maine,  I  have 
the  honour  to  liolicit  such  information,  relative  to 
the  northeastern  boundary  of  that  State,  as  the 
President  may  deem  proper  to  consent  to  have 
communicated.  It  is  also  my  duty  to  add,  that 
great  benefit  will  be  derived  from  an  early  deter- 
mination of  a  claim  harrassing  to  the  State,  in- 
terrupting its  best  pursuits,  threatening  to  some 
of  its  best  hopes,  and  believed  to  be  unfounded.    « 


No.  15. 


i 

.1    ii 

1. 

-,.  i.    ... 

1 

!■■■; 

■  i 

H 

i^ 

Ketterfrom  the  Secretary  of  State  of  the  United  States,  to  the 

Governor  of  Maine. 

4  Washington.'ilthof  March^X^i. 

Sir  :  I  have  to  acknowledge  the  receipt  of  the 
letter  which  your  Excellency  did  me  the  honour  to 
address  to  me  on  the  20th  instant,  with  a  copy  of 
the  Report  of  the  joint  select  Committee  of  the 
Senate  and  House  of  Representatives  of  the  State 
of  Maine,  enclosed,  both  of  which  I  have  submit- 
ted to  the  President.  The  deep  interest,  which 
is  taken  by  the  State  of  Maine  in  the  settlement 
of  our  northeastern  boundary  with  Great  Britain, 


169 


is  very  natural.  And  1  assure  you  that  it  is  a  sub- 
ject on  which  the  President  feels  the  most  Uvely 
solicitude.  Mr.  Gallatin  is  charged  with,  and  has 
actually  entered  on,  a  negotiation  concerning  it, 
but  which  was  not  brought  to  a  close  at  the  last 
dates  from  him,  nor  is  it  probably  yet  terminated. 
At  that  period,  the  prospect  was,  that  there  would 
be  no  other  alternative  than  that  of  referring  the 
difference  between  the  two  governments  to  arbi- 
tration, according  to  the  provisions  of  the  treaty 
oT  Ghent.  Much  difficulty  was  experienced  even 
in  adjusting  certain  preliminary  points  necessarily 
connected  with  the  reference,  and  they  have  not 
yet  been  finally  arranged.  . 

When  an  application  was  made,  during  the  ses- 
sion of  Congress  prior  to  the  last,  by  the  Sena- 
tors of  Maine,  for  copies  of  all  the  papers  in  this 
department  respecting  the  disputed  boundary,  it 
was  not  deemcc*  expedient  to  furnisl'  copies  of  the 
reports  and  arguments  of  tiie  Comm'^.^-DuerB,  the 
publication  of  which,  it  was  believed,  would  be 
prejudicial.  Copies  of  any  surveys,  maps,  or  doc- 
umentary evidence,  nere  offered.  The  same  con- 
siderations, which  then  existed,  are  still  believed 
to  be  opposed  to  letting  copies  go  from  this  de- 
partment of  those  reports  and  iirguments.  With 
that  exception,  copies  of  any  of  mo  other  papors 
returned  by  the  Commissioners  will  be  furnished 
whenever  application  is  made  for  them. 

It  IS  stated  in  the  report  of  the  joint  select  com- 
mittee 'iiat '  wc  cannot  view  the  acts  complained 

:i2 


-m 


i<     '  tM  4?  all 


170 


Sl'^i;''! 


r-st 


''Kr; 


p. ;; 


rr'i' 


i  I    jfV 


:'^frt 


ilii 


!«■  t 


of  by  the  British  governmeQt  as  encroachments 
upon  the  rights  of  Ncw-Brunswtek  or  Great  Bri- 
tain, for  they  relate  and  were  only  intended  to  re- 
]a  3  0  the  territoi'y  within  the  description  of  the 
treaty.'  Although  the  President  might  be  dispos- 
ed entirely  to  coincide  in  this  opinion,  with  the 
State  of  Maine,  it  must  not  be  forgotten,  that  an 
Opposite  opipior^  is  entertained  by  Great  Britain, 
with  whom  we  are  now  treating.  If,  whilst  the 
controversy  is  unsettled,  and  during  the  progress 
of  a  negotiation,  each  party  proceeds  to  take  pos- 
session of  what  he  claims  to  belong  to  him,  as  both 
assert  title  to  the  same  territory,  an  immediate  col- 
lision is  unavoidable.  The  British  government 
has  abstained,  according  to  the  assurances,  given 
through  their  minister  here,  from  the  performance 
of  any  new  acts  which  mighv  be  construed  into  an 
exercise  of  the  rights  of  sovereignty  or  s<:  !  over 
the  disputed  territory ;  and  they  so  abstained  on 
our  representation,  and  at  our  instance.  Under 
these  circumstances,  the  President  continues  to 
think,  that  it  is  most  advisable,  that  we  should 
practice  the  like  forbearance,  as  recommended  in 
the  letters,  which  I  had  the  honour  of  addressing 
to  your  Excellency  on  the  4th  January  of  the  last, 
and  the  29th  of  January  of  th<5  present  year.  This 
mutual  forbearance,  is  believed  to  be  essential  to 
the  ha  aonv  between  the  two  countries,  and  may 
have  ii  lave  arable  tendency  in  the  amicable  adjust- 
ment of  the  difference  between  them. 
It  is  worthy  also  of  consideration,  that,  although 


171 

Maine  is  most,  she  is  not  the  only  Statp,  interested 
in  the  settlement  of  this  question.  /    ,,   ^,^.^ 

Your  ExceHpncy  may  be  perfectly  persuaded, 
that  every  effort  will  be  employed  to  obtain  a  sat- 
isfactory, and  as  speedy  a  decision  of  this  matter, 
as  may  be  practicable ;  and  that  not  less  atten- 
tion will  be  paid  to  it,  than  has  been  shown  on  the 
part  of  the  Executive  of  the  United  States  in  the 
adjustment  of  their  boundary  in  another  part  of 
the  Union  to  which  you  refer,  whilst  it  is  hoped 
that  some  unpleasant  incidents,  which  occurred 
there,  may  be  arvoided  in  the  northeast. 

I  transmit  herewith,  for  the  consideration  of 
your  Excellency,  an  extract  from  a  dispatch  of 
Mr.  Gallatin,  under  date  the  30th  October  last. 


No.  16. 


t 


m  1 


-} :  - 


Letter  from  the  Governor  of  Maine,  to  the  Secretary  of  State  of 

the  United  States. 

Portland,  18th  April,  1827 

Sir, — I  had  the  honour  to  receive  your  letter, 
bearing  date,  March  27th,  ult.  to  which  it  is  my 
duty,  as  the  only  organ  of  communication  of  the 
people  of  Maine,  at  this  time,  and  on  this  occa- 
sion, to  reply.  ^  . 

The  rights  to  which  my  care  will  appear  to  you, 
tp  be  now  directed,  are  not,  as  I  trust,  jeopardi- 
zed ;  but  they  are  so  interesting,  as  to  demand  the 
sedulous  attention  of  those  functionaries  qf  this 


% 


172 


n .(': 


mm 


;!l-i  i': 


Hi     !,■ 


State,  who  are  placed  in  relation^  which  enable 
them  to  represent,  through  you,  to  the  President, 
the  feehngs  and  principles  requiring  of  Maine  its 
special  regard,  and  which  may  be  respectfully  of- 
fered to  the  country  and  the  administration. 

Without  bringing  the  subject  to  that  test  of  deep 
and  general  anxiety,  by  which,  in  a  certain  con- 
tingency, it  must  be  tried  at  last,  I  shall  offer  a 
frank  and  sincere  reply. 

The  extracts  from  Mr.  Gallatin's  communication, 
with  which  you  favoured  me,  being  the  foundation 
of  som-e  of  your  remarks,  allow  me  to  advert  to  a 
view  of  the  subject,  to  which  he  informs  you  he 
was  led  by  procedures  of  the  Legislature  of  New-' 
Brunswick.  I  now  refer  to  what  he  has  said  as 
to  propositions  of  compromise  by  Agents  of  Maine 
and  Massachusetts,  relating  to  the  boundary  line. 
The  danger  of  inferences,  under  such  circum- 
stances, from  the  *  proceedings  of  the  Legislature 
of  New-Brunswick,'  is  so  evident  that  you  will 
not  be  surprised  by  a  denial  of  their  correctness. 

Assenting  to  the  idea  that  '  propositions  on  our 
part,  inconsistent  with  our  construction  of  the 
treaty,  and  which  would  not  secure  to  us  all  the 
waters  which  empty  into  the  St.  Johns,  west  of  the 
line  running  north  from  the  source  of  the  St.  Croix, 
would  be  dangerous,'  and  being  also  prepared  to 
admit  that  Maine  would  be  jnconsistent  and  unjust 
to  herself  in  making  sucti  propositions,  I  shall 
satisfy  you  that  she  has  not  been  off  her  guard  in 
the  manner,  which  called  forth  your  friendly  inter- 


•S'  %i 


173 

vention. — And  first,  allow  me  to  assure  you,  that 
there  is  no  occasion  for  alarm  on  the  part  of  the 
Administration  or  its  Minister  in  England,  that 
Maine  will  jeopardize  the  common  welfare,  by  fail- 
ing to  insist  on  the  justice  and  indefeazible  cha- 
racter of  its  claim,  or  by  shrinking  from  a  firm  as- 
sertion in  any  alternative. 

The  agents  whose  supposed  acts  '  would  seem, 
from  certain  proceedings  of  the  Legislature  of  New 
Brunswick,'  to  have  been  as  incautious  as  is  re- 
presented, had  no  authority  to  propose  any  com- 
promise as  to  our  boundary,  and  if  any  was  offered,  it 
was  officious  and  unwarrantable,  but  I  am  enabled 
to  inform  you  that  the  affair  has  been  misrepre- 
sented to  Mr.  Gallatin,  and  1  should  offer  the 
proofs  of  the  correctness  of  this  assurance  in  de- 
tail, if  I  did  not  believe  it  improper  to  pursue  the 
consideration  of  inofficial  acts,  and  of  statements 
ill-founded,  or  if  otherwise,  inconsequential.  Grate- 
ful, therefore,  for  the  attention  evinced  b^ 
caution  he  has  given,  however  unnecessary 
will  receive  it  as  the  pledge  of  his  vigilamr 
ability. 

In  concluding,  as  to  this  point,  let  me  foriil)  y  .'• 
against  any  apprehension  that  Maine  will  yield  too 
much  by  declaring  to  you  plainly,  that  it  is  not  be- 
lieved that  either  the  treaty  making  or  executive 
power  of  the  United  States  extends  to  the  cession 
or  exchange  of  the  territory  of  any  State,  without 
its  consent;  and  that  for  a  stronger  reason,  no 
Stat«  can  barter  that,  domain  in  which  the  union 


If 


ItSi 


Ill 
isiiir' 


'  mm 


iiHttli!! 


174 


I  ■ 


H 


|i 


^n 


has  also  an  interest,  and  that  jurisdiction  which 
the  highest  political  duty  requires  it  to  exercise. 
Maine  will,  surely,  I  believe,  so  far  maintain  these 
principles,  as  to  warrant  a  reliance  against  indis- 
creet and  unconstitutional  concessions  and  a  con- 
^dence  in  the  application  of  her  means  to  the  re- 
pulsion of  aggression.  I  have  full  reliance  npon 
hei  disposition  and  ability  to  render  the  President 
all  the  aid  which  can  be  desired  against  the  un- 
founded and  presumptuous  claims  made  equally 
against  her  and  the  Union,  to  promote  an  object 
suggested  and  supported  only  by  an  ambition  and 
cupidity,  which,  although  natural,  is  nevertheless 
on  our  part  altogether  objectionable.  If  these  views 
shall  not  satisfy  the  President,  of  the  confidence  to 
which  Maine  is  entitled,  as  to  the  assertion  and 
defence  of  ler  rights,  I  shall  with  pleasure  offer 
those  furth;3r  proofs  which  I  omit  at  present,  only 
from  the  desire  of  engaging  your  indulgence  for  a 
few  additional  observations. 

It  was  with  imich  regret,  not  unmingled  with 
mortification,  that  I  considered  your  denial  of  the 
use  of  the  reports  and  arguments  of  the  Commis- 
sioners under  the  treaty  of  Ghent.  From  the  want 
of  that  information  which  it  was  hoped  the  United 
States  would  yield  to  a  party  having  the  same  in 
terest  with  themselves,  and  only  desirous  to  sus- 
tain them,  it  is  assumed  that  there  are  reasons  for 
your  decision,  through  which  that  respect  will  be 
commanded,  now  from  great  defer  ice,  proffered 
in  anticipation.     Wishing  to  act  in  full  coincidence 


■1 


175 

with  the  views  entertained  by  the  federal  adminis- 
tration, the  State  must  be  bound  to  believe  in  a 
mutual  regard,  and  to  endeavour  to  avoid  any  em- 
barrassing applications  on  her  own  part,  but  it  may 
not  be  unsuitable  for  her  to  expect  a  degree  of 
confidence  in  return. 

All  that  forbearance  which  the  occasion  re- 
quires, v/ill,  as  I  may  safely  assure  you,  be  exhibit- 
ed by  this  State.  While  her  extensive  and  valua- 
ble tracts  of  wild  land,  which  might  otherwise  soon 
be  improved,  remain  unsettled : — while  her  pro- 
gress in  wealth  and  power  is  checked  in  a  most 
disastrous  manner,  at  the  period  most  favourable 
to  giving  an  impulse  to  her  prosperity : — while  many 
important  resources  are  left  dormant  during  the 
pendency  of  the  dispute  as  to  her  property  and  ju- 
risdiction : — while  a  frontier,  which  might  soon  be 
made  strong,  remains  unfortified  by  the  freemen 
anxious  to  occupy  it,  she  will,  I  doubt  not,  forbear 
on  the  request  of  the  general  government,  until 
the  imperious  call  of  duty  shall  summon  her  to  oc- 
cupy her  inheritance.  Seeking  to  promote,  by  all 
suitable  concessions,  the  nniicable  adjustment  you 
refer  to,  she  v,ill  only  withdraw  her  deference  and 
submission,  when  a  claiun  unjust  in  itself,  may 
seem  to  expose  a  portion  of  her  territory  to  incor- 
poration with  a  province. — With  this  spirit  of  for- 
bearance, she  iias  sought  information  only  as  to  an 
interest  vital  to  herself,  as  well  as  important  to  the 
country,  without  any  purpoee  calculated  to  excite 
distrust,  with  only  such  patriotic  views  as  have 


i.m 


il'  ■  .11 ;' 


176 


t. 


rendered  the  refusal  to  comply  with  her  request,  a 
subject  of  that  species  of  surprise,  which  a  friend, 
predetermined  to  take  no  offence,  feels  when  he  is 
not  treated  with  correspondent  confidence. 

Maine,  Sir,  was  with  great  difficulty  introduced 
into  the  Union ;  but,  if  I  recollect  rightly,  the  ar- 
guments which  were  used,  she  was  introduced  as  a 
Bovcreign  and  Independent  State. 

As  a  free,  sovereign,  and  independent  republic, 
may  wo  not  be  permitted  to  have  communication 
with  the  authorities  of  the  union,  or  do  they  mean 
that  we  shall  submit  implicitly  to  their  direction, 
however  wise  it  may  be,  at  the  same  time  that  they 
declare  their  conviction  of  the  propriety  of  with- 
holding information  ?  The  general  concerns  of  the 
Union,  are  of  course  communicated  only  to  the 
whole,  but  that  which  relates  to  a  particular  com- 
munity, where  its  daily  intercourse  demands  infor- 
mation, wjcms  to  warrant  the  request  I  have  made, 
and  which  I  am  reluctantly  impelled  to  renew, 
with  this  modification,  that  any  communication, 
made  in  return,  will  be  received,  if  so  required, 
Hubjcct  to  a  restriction  on  publicity  beyond  a  com- 
munication to  the  Legislature  in  the  usual  terms  of 
confidential  conununications.  If  the  President  will 
not  consent  to  this,  we  must  yield  with  the  defer- 
once  we  owe  to  the  station  he  holds,  to  the  claims 
he  has  on  our  affections  and  confidence,  to  the  in- 
formation lie  possesses,  and  the  prudence  he  dis- 
plays to  any  extent  within  which  the  absolute  and 
indcfcaHiblc  rights  oi'  iMainc,  may  not  be  compro 


177 


mitted.  Will  you  permit  me  to  add  that,  an  to  all 
beyond  that,  this  State  may  probably  claim  the 
right  to  use  her  moral  and  physical  energies  as 
she  may  be  directed  by  the  future  emergencies ; 
and  I  am  sure,  if  her  good  will  shall  impel  her,  with 
power  enough  to  sustain  her  right  to  soil  and  ju- 
risdiction, wherever  she  may  probably  claim  them 
against  any  probable  foreign  and  arrogant  ansump- 
tion  ;  especially  with  the  aid  of  the  general  govern- 
ment. 

1  do  not  wish  to  weary  your  patience  by  urging 
the  particular  arguments  which  might  sustain  my 
proposition.  It  is  true.  Sir,  that  Maine  is  not  the 
only  State  interested.  The  Union  is  intorostod, 
and  each  State  is  severally  interested  in  having  a 
powerful  community  on  our  northeastern  bounda- 
ry, which  may,  like  New-York,  in  the  last,  be  the 
pride  and  defence  of  the  nation  in  the  next  war. 
Whenever  again  there  shall  be  a  struggle  between 
the  navies  and  armies  of  this  republic  and  Groat 
Britain,  the  positioPx  of  Maine  will  require  activity, 
strength,  and  confidence.  She  will  be  exposed  to 
a  large  portion  of  danger  and  suffering,  and  will 
be,  I  hope  and  believe,  resolute  to  acquire  the 
glory  to  which  such  exposure,  with  unimpaired 
means,  will  invite  her. 

Pohtically  peninsulated,  with  three  foreign  go- 
vernments pressing  upon  her  borders,  with  the  high 
ambition  inspired,  and  the  high  responsibility  cre- 
ated by  her  destination,  can  it  ho,  believed  that 
»he  will  relinquish  her  resources,  suffer  hor  land 
23 


H     /I 


m 


178 


laM*fi3 


;.  ♦ 


marks  to  be  removed,  and  yield  to  a  most  pre- 
sumptuous arrogation  of  a  foreign  power.  I  trust 
you  will  more  highly  appreciate  her  intelligence 
and  spirit  than  to  imagine  that  so  degrading  and 
pernicious  a  surrender  can  be  consented  to  by  her. 

But,  is  she  authorized  even  to  consider  this  ques- 
tion, and  to  determine  the  extent  of  her  municipal 
jurisdiction,  i;nd  that  of  the  territorial  limits  within 
which  she  will  exercise  it  ^  If  a  mandate  of  the 
Executive  of  the  United  States,  under  an  act  of 
the  treaty  making  novver,  is,  upon  principle,  im- 
perative, she  ought  to  be  silent  and  passim- ^  ;  but 
if  not,  however  confidently  she  may  rely  .  ^  hor 
safety,  as  guarded  by  wisdom  and  patrb  ism,  she 
ought  to  announce  her  wishes  and  her  principles. 

While  under  treaties  with  Great  Britain,  the 
boundary  in  dis?pute  has  been  settled,  the  difficulty 
has  occurred  only  as  to  the  application  of  the  rule 
in  those  treaties  contained,  to  the  surface  of  the 
ground.  The  right,  to  the  full  extent  of  the  first 
treaty  is  perfect.  It  was  not  created  by  that  trea- 
ty, but  its  existence  was  prior  to  it,  and  no  sur 
render  could  have  then  been  made  without  the 
consent  of  the  proprietor  end  the  sovereign.  No 
surrender  was  made,  and  there  is  not  a  moral  or 
political,  in  other  words,  a  governmental  force, 
suflScient  to  change  the  true,  honest  determination 
of  the  land-mark.  And  there  is  nothing  but  soph- 
istry, and  that  ignoble  spirit  of  compromise,  which 
exists  not  in  this  republic,  which  will  consent  to 
the  obvious  and  monstrous  lialsehoods  to  which  am- 


179 

bitious  and  artful  pretensions  have  led  the  enemies 
of  Maine. 

In  regard  to  the  sentence  which  you  have  ex- 
tracted from  the  report  of  the  joint  select  commit- 
tee, as  it  contains  a  sentiment  approved  by  the  Le- 
gislature, and  acquiesced  in  by  the  people,  I  shall 
trouble  you  with  a  brief  comment  in  regard  to  it. 
It  rests  upon  the  idea  before  suggested  that  Maine, 
with  Massachusetts,  has  a  perfect  title  in  the  dis- 
puted territory,  and  that  the  former  State,  has  a 
vested,  indefeasible  jurisdictional  control  over  it, 
the  exercise  of  which  it  may  irresponsibly  apply. 
It  is  a  proposition  which  has  been  demonstrated 
by  yourself  so  clearly,  as  to  have  commanded  gen- 
eral respect,  that  the  abstraction  of  the  territory 
of  the  United  States,  cannot  be  made  by  the  treaty 
making  or  executive  power.  Much  more  then 
must  the  domain  of  a  State  within  its  acknow- 
ledged limits  be  sacred,  and  much  more  and  more 
is  it  evident,  that  neither  department  of  the  fed- 
eral government,  nor  all,  can  bo  the  exclusive  and 
final  arbiter  as  to  the  ascertainment  of  a  bounda- 
ry already  established  in  description ;  because,  if 
one  department,  or  all,  have  this  power,  they  may 
ascertain  the  line  falsely,  indirectly  cede  our  State, 
converting  it  into  a  British  dependency,  and  thus 
by  the  arguments,  I  had  the  invaluable  satisfaction 
of  hearing  applied  in  another  case,  violate  the 
constitution.  If,  therefore,  the  committee  have 
fallen  into  error,  it  has  not  been  in  the  principle 
of  their  judgment  as  to  the  rights  of  this  State  ab- 


<«iy 


180 


r  H 


sttactly  considered ;  but  in  their  view  of  the  extent 
of  our  territory  and  of  the  apphcation  of  our  au- 
thority over  it.  They  in  fact  substantially  assert 
that  the  treaty  of  1783,  in  connexion  with  original 
grants,  and  subsequent  and  correlative  circum- 
stances, established  and  defined  our  bounds,  so 
as  to  preclude  just  complaint  of  our  public  acts 
within  the  scope  of  those  legitimate  powers,  which 
at  the  discretion  of  the  State,  it  may,  within  those 
bounds,  any  where  apply.  The  doctrine  of  the 
committee  can  only  be  refuted  by  proving  that  the 
national  authority  is  exclusive  as  to  the  adjust- 
ment of  our  exterior  boundary ;  but  let  it  be  re- 
collected that  the  present  case  only  admits  the  as- 
certainment of  a  line  by  a  rule  prescribed,  and  not 
the  creation  of  one  arbitrarily,  or  in  other  words, 
by  arbitrament.  A  right  was  vested  in  a  third 
party  before  the  Union  existed,  and  has  been  con- 
firmed by  it  since.  In  short,  the  committee,  it  is 
believed,  may  be  considered  as  claiming  such  re- 
spect as  may  be  attached  to  those  who  have  truly 
exhibited  the  sentiments  of  this  community. 

Anxious,  aL^  in  my  situation,  I  cannot  avoid  being, 
for  the  preservation,  during  my  continuance  in  of- 
fice and  always  after,  of  the  rights  of  the  State,  1 
must  express  my  alarm  at  a  portion  of  Mr.  Galla- 
tin's letter.  He  says,  *  an  umpire,  whether  a  King 
or  farmer,  rarely  decides  on  strict  principles  of 
law ; — he  has  always  a  bias  to  try  if  possible  to 
pplit  the  difference,'  &c. ;  and  yet  I  am  informed 
that  there  has  been  in  progress  an  arrangement  of 


ll:l 


i!!'! 


181 

the  prelimiaary  points,  for  constituting  such  an 
umpire,  I  cannot  but  hope  that  no  arrangement 
will  be  effected,  which  will  endanger  the  half  from 
the  mere  circumstances  of  a  wrongful  claim  to  the 
whole,  under  the  pitiful  weakness  which  is  liable  to 
split  the  difference  between  right  and  wrong. 

Let  me  add,  in  this  particular  part  df  my  letter, 
most  respectfully,  but  solemnly,  the  sentiment,  that 
Maine  is  bound  to  claim  at  the  hands  of  the  fede- 
ral government,  the. protection  of  the  integrity  of 
her  territDry,  the  defence  of  her  sovereignty,  and 
the  guardianship  of  her  State  rights.  She  is  called 
upon  to  urge  this  that  she  may  be  rather  permitted 
to  rest  on  the  parental  care  of  the  Union  than 
driven  to  any  independent  agency,  in  any  form,  in 
relation  to  this  concern. 

That  you  may  not  be  surprised  that  the  State, 
after  having  fruitlessly  sought  information  should 
have  determined  on  its  course  without  it,  give  me 
leave  to  say  that  while  she  cannot  be  presumed  to 
be  informed  in  all  particulars,  as  to  the  relations 
of  a  deeply  interesting  character  in  which  she  is 
placed,  she  is  called  upon  to  judge  as  to  others, 
and  -is  not  without  the  premises  necessary  to  cor- 
rect conclusions. 

Whatever  intelligence  she  might  have  been  per- 
mitted to  receive  as  to  her  relative  situation,  she 
would,  as  she  will  hereafter,  cheerfully  co-operate 
with  the  general  government  to  prevent  an  assump- 
tion of  our  territory,  to  v.'hatever  extent,  by  the 
King  of  Great  Britain. 


iiii!-^ 


■,:! 


^    <• 


182 


In  executing  the  resolve  of  the  Legislature  it 
will  be  convenient  to  me  to  possess  a  schedule  of 
those  documents  which  may  be  communicated.  I 
will,  therefore,  hope  the  favour  of  being  furnished 
with  such  an  index  for  the  direction  of  my  inquiries. 


Ify.     ',. 


No.  IT. 


•V      » 


Letter  front  the  feretory  of  State  of  the  United  States,  to  the 

Governor  of  Maine, 

*  Washington^  7th  May,  1827. 

Sir  :  I  have  the  honor  to  acknowledge  the  re- 
ceipt of  your  Excellency's  letter  of  the  1 8th  ultimo, 
and  to  inform  you  that  I  have  submitted  it  to  the 
President.  The  solicitude  which  is  felt  by  your 
Excellency  and  the  Legislature  of  Maine,  in  regard 
to  the  settlement  of  our  northeastern  boundary,  so 
interesting  to  that  State,  and  so  important  to  the 
whole  Union,  is  perfectly  natural,  and  justly  ap- 
preciated by  the  President.  And  he  is  entirely  dis- 
posed to  communicate  any  information  in  the  pos- 
session of  the  Executive  of  the  United  States  on 
that  subject,  which  can.  in  his  opinion,  be  commu- 
nicated without  the  danger  of  public  detriment. 
Accordingly,  when,  at  the  cession  of  Congress  be- 
fore the  last,  an  application  was  made  at  this  de- 
partment, by  the  Senators  from  Maine,  for  copies 
of  all  the  papers,  maps,  and  other  documents  re- 
ported by  the  CommissionerB,  who  were  appointed 


1(?3 

under  the  fifth  article  of  the  treaty  of  Ghent,  it  was 
stated  to  those  j^entlemen,  that  the  copies  would 
be  furnished  whenever  requested,  with  the  excep- 
tion ^^  the  reports  and  arguments  of  the  Comniis- 
sione»'  ,  transcripts  from  which,  considering  their 
peculiar  charactci  in  the  then  state  of  the  ques- 
tion, the  President  did  not  think  it  expedient  to 
allow  to  be  taken.  The  Senators  from  Maine 
availed  themseiv^^t  f  the  permission,  and  obtained 
copies  of  some  of  the  maps.  Copies  of  all  the  pa- 
pers reported  by  the  Commissioners,  which  ar» 
very  voluminous,  would  require  the  services  of  two 
or  three  copyists  for  many  weeks ;  but  the  labor  of 
preparing  them  would  be  cheerfully  encountered 
for  the  accommodation  of  the  State  of  Maine. 

The  negotiation  with  Great  Britain  is  still  pend- 
ing, but  there  is  reason  to  expect  that  it  will  soon 
be  brought  to  some  conclusion;  perhaps  in  a 
shorter  time  than  would  be  requisite  to  copy  and 
transmit  the  papers  -eported  by  the  Commission- 
ers, to  your  Excel)  :>cy.  The  President  continues 
to  think,  that  the  public  interest  requires,  that  the 
communication  of  transcripts  of  the  reports  and 
arguments  of  the  Commissioners,  even  under  the 
limitation  propoi^ed  by  your  Excellency,  should  be 
postponed  for  the  present,  and  until  it  can  be  made 
without  the  risk  oi'  any  injurious  effect  upon  the 
state  of  the  negotiation.  Your  Excellency's  expe^ 
rience  in  public  a^airs,  will  enable  you  to  make  a 
just  estimate  of  the  reserve  and  delicacy  which 
ought  to  be  observed  in  all  negotiations  with  foreign 


( '^{ii 


iWiii 


ii 


;,«    i 


w 

III'; 


184 

powers,  involving  subjects  of  deep  nauonal  inter* 
est.  This  consideration  has  such  weighty  that  it  is 
the  uniform  practice  of  Congress,  as  no  one  knows 
better  than  your  ExceHeacy,  to  annex  a  qualifica- 
ition  to  the  calls  which  are  from  time  to  time  made, 
for  papers  relating  to  the  foreign  nogotiations  of 
the  Government.  There  would  not  be  the  small- 
est objection  to  an  exhibition  to  the  inspection  of 
your  Excellency,  or  confidentially,  to  any  person 
that  you  might  think  proper  to  designate,  of  all  the 
papers,  without  exception,  reported  by  the  Com- 
missioners. I  abstain  from  a  particular  notice  of 
many  of  the  topics  of  your  Excellency's  letter,  not 
from  the  least  want  of  respect,  (on  the  contrary 
I  entertain  the  highest,  personally  and  officially,) 
for  your  Excellency,  but  from  a  persuasion  that  the 
discussion  of  them  is  without  utility.  It  has  been 
thought  most  profitable  to  limit  my  answer  to  the 
specific  requests  contained  in  your  letter. 

I  transmit  herewith,  in  conformity  with  your 
wish,  a  list  of  the  papers  reported  by  the  Commis- 
sioners, copies  of  any  of  which  may  be  procured, 
for  the  use  of  the  State  of  Maine,  whenever  desired, 
with  the  exception  which  has  been  stated. 


18ft 


;■»■>■*»-■  ■■    'V;  i  ..;?A  ..  »■{  V--  *.*J     *  '  f 


Xi    t 


ICo.  18. 


4  Ltsf  o/"  Books,  papers,  Sfc.  relative  to  the  5th  article  of  tht 

treaty  of  Ghent.    \    •» 


BOOKS. 


Vol.1.  Journal  of  Commission. 

Vol.  II.  '^h  *«    of  Agents. 

Contains,  Claii  »ent  of  the  United  States. 

First.  ial  concerning  the  north- 

west angiu  of  Nova  Scotia,  and  the 
northwesternmost  head  of  Connecticut 
river,  &c. 

By  the  agent  of  H.  B.  Majesty. 
Second,  Memorial  concerning  same.   By 
same.         '  ■  i  .  r     •<  Ai^i . 

Vol.  III.     *         Answers  of  Agents.  '    i  ' 

Contains,  A  reply  to  the  Memorial  of  the  Agent  of 
the  United  States,  filed  8th  June,  1821, 
exhibiting  the  line  of  the  boundary  of  the 
United  States  from  the  source  of  the 
river  St.  Croix,  to  the  Iroquois  or  Cata- 
raguy.  Answer  of  the  Agent  United 
States  to  the  claim  and  opening  argu- 
ment of  the  Agent  of  H.  B.  Majesty. 
Read,  August  10th,  1821. 

Vol.  IV.  Replies  of  the  Agents.    -<■. 

Contains,  The  Reply  of  the  Agent  of  the  United 
States,  to  the  answers  of  the  Agent  of  H. 
B.  Majesty  to  the  claim  and  opening  ar-. 

24 


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IMAGE  EVALUATION 
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Photographic 

Sdences 
Corporation 


33  WIST  MAIN  STRUT 

WIBSTIR.N.Y.  USM 

(716)  •7a-4S03 


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gument  of  the  Agent  of  the  United  States, 
&c.  Read,  Sept.  27th,  1821. 

Observations  upon  the  answers  of  the 
Agent  of  the  United  States,  to  the  claim 
and  opening  argument  of  the  Agent  of 
H.  B.  Majesty,  &c. 

By  the  Agent  of  H.  B.  Majesty. 

General  Appendix. 

C^iltwm  Reports  of  the  Surveyors  and  Astrono- 

^^#iti^^:  f^r'^  raers,  and  Documents  referred  to,  in  the 
fjt^tf'*^'-*  Arguments  of  the  Agents.       '      ' 
Appendix  to  British  Agenfs  Reply. 

(Duplicate)  Report  of  Commissioner  C. 
P.  Van  Ness. 

'  Report  of  the  Commissioner  of  H.  B. 
Majesty,  addressed  to  the  Government 
of  the  United  States. 

Appendix  to  the  Report  of  H.  B.  Ma- 
jesty's Commissioners.     J    ;': 

',if:l.>rn-'i*iiT^rT"^:!>l  ■   •  -'     ;•  ;;•;  \'"  '  ■ 
!:l'?   'io  ^^■.•':m>\   ':«i!'       """  '".■    '.'./.■:   I  ■ 

-j|fj:*t-5o  :*»jfpi  :!„-..     i^O.   19.  -.J.,: 

h')'ui  J   hi  :.U   iiiii  •'  •  .*  n-'^ 

1^.,^  .:^:  .,^.  I  •';.      INDEX,     V  •-;.+:>- 

Numbtit$  r^tntd  Id  t»     <;        ,    .       Auwibers  rif erred  to  in  th$ 
tht  p.  $,  arguments.        ^  British  arguments. 

1.  Mr  Johnson's  survey  of  the  Line  North  > « 
from  the  St.  Croix  in  1817.  J  * 

'  S.  C.ol.  Bouchett'e  survey  of  the  same  Line,  >  2 
/      ',11   1817i'.  aii'  .'    ,)>'/  -M  .  ..  o« ,.  w.,K  J 

Sk  Mr.  Johnson's  Airther  survey  of  the  North  > 
Line  and  adjacent  country  in  1818.  > 


III 


18? 


4.  Mr.  Odell'i  further  lurvey  of  the  North  )  t* 
Line.  J*?* 

5.  Capt.  Partridge's  section  of  the  country 
from  Point  Levi,  to  Hallowel,  Maine, 

f  1 819,  of  the  different  heights  through  the 
Grand  Portage  of  Matawasca  on  St. 
John  rivers,  of  Mar's  hill.     ;:        i   ;    .> 

6.  Survey  of  the  Restook  section  of  the  )  ^ 
same,  and  of  Mar's  hill.     ^<  \ 

.'7.  Mr.  Odell's  survey  of  the  Restook  withi 
a  sketch  of  the  country  as  viewed  from  I  q 
M^r's  hill  and  the  vicinity  of  the  Houlr  | 
ton  Plantation.  J 

8.  Mr.  Hunter's  survey  of  the  Allaguash  )  a 
river.  I 

9.  Mr.  Hunter's  survey  of  the  Penobscot,  >  m 
First  Part.  y 

10.  Mr.  Hunter's  survey  of  the  Penobscot,  >  r^ 
Second  Part.  J  ° 

11.  M.  Burnham's  survey  of  the  branches)  » 
of  Connecticut  river.  ) 

12.  Doc.  Tiark'fl  survey  of  Connecticut  viv-  >  a 
er  and  its  tributary  streanM.  y    ' 

13.  Mr.  Burnham's  survey  of  Memkeswee,  >  ^ 
Green  rivers  and  Beaver  stream.  ] 

14.  Mr.  Burnham's  survey  of  Toladie  Rivet  >  ,  . 
and  Grand  Portage.  ) 

15.  Doc.  Tiark's   survey  of  Toladie   and  j  |. 
Green  Rivers.  ) 

16.  Mr.  Loring's  survey  of  Penobscot  River.  IS 
17."  ♦'  "  of  Moose  River.  W 
18.  Mr.  Cajnbell's  sketch  of  the  Height  of) 

Land  annexed  to  Mr.  Odell's  Report  of  >  F. 
the  survey  of  1819;    .       ♦  .    J 


m 


m 


^'r,  ,iu 


m,' ,  1 


''  .\i' 


t  '    ''  ^ 


kil! 


•a 


188 

1%.  Mr.  Hunter's  eurvoy  of  the  river  St.  John.  14 

20.  Mr.  Loss'  survey  of  the  river  St.  John.        15 

21.  Mr.  Partridge's  survey  of  the  Chaudiere,  ^ 
the  source  of  the  Dead  River,  and  th«  >  16 
East  Branch  of  the  Connecticut.  ) 

22.  Mr.  Carlile's  survey  of  the  Head  waters  )  .« 


18 
19 

20 


V, 


of  the  Chandiere  and  Kennebec  rivers 

23.  Mr.  Burnham's  survey  of  the  river  Ouel- 
'    le  and  of  the  source  of  Black  river. 

24.  Mr.  Carlile's  survey  of  the  rivers.         vt? 

25.  Mr.  Burnham's  survey  of  the  sources  of 
.    Metjarmette,  Penobscot  and  St.  John 

rivers.       '  "'       *  " 

26.  Mr;  Carlile's  survey  of  the  samo  source.     21 

27.  Col.  Bouchett's  Barometrical  section  of  >  ^^ 
the  line  north  from  the  St.  Croix.       '     \ 

28.  Extract  from  Carri'gan's  Map  of  New-  >  ^ 
Hampshire.  .        \^' 

Extract  from  Mitchel's  Map  of  Connect-  >  ^ 
icut  river.  \     ' 

Extract  from  Col.  Bouchett's  concern- 
ing the  parallel  line. 

29.  Extract  from  Mitchell's  map  as  first  f       } 
by  the  British  agent.  \ 

30.  Plan  of  the  former  survey  of  the  latitude  > 
of  forty-five  degrees  north,  in  1774.         > 

.  •       AdditionaL 

Map  of  the  country  explored  in  the  years  1817, 
1818,  1819,  and  1820,  by  order  of  the  Commission- 
ers under  the  5th  article  of  the  treaty  of  Ghent. 

Maps  referredUo  in  the  British  AgenVs  reply. 
A.  Map  of  Connecticut  river  by  Dr.  Tiarlfji. 


Jc. 


.  189 

B.  Streams  tributary  to  Connecticut  river  by  Mr. 
Burnham. 

C.  Extract  from  Carrigan's  map  of  Npw-Hamp- 
sbire. 

D.  Extracts  from  MitchelP  map  shewing  the  > 
heads  of  Connecticut  river.  5 

E.  Col.  Bouchett's  plan  shewing  the  differ- 
.^  sent  lines  considered  as  the  parallel  of  45" 
^'  .North,     m :,:]■:.'.}  >-  ■•  j-^,;,'^-.,,    *       ^  •    . 

F.  Mr.  Campbell's  sketch  of  the  height  of) 
land  annexed  to  Mr.  Odell's  report  of  the  V 
survey  of  1819.  ) 

G.  Mr.'Odell's  plan  of  the  survey  of  the  Re- 
stQok)  with  a  sketch  of  the  country  as 
viewed,  Hill  and  the  vicinity  of  Houlton. 

H.  Extract  from  Mr.  Odell's  plan  of  the  due  > 
north  line  explored  in  1818.  ,    y, 

I.    General  extract  from  Mitchell's  map.     , , 
K.  Corrected  copy  of  same  extract. 

Filed  August  14, 1821. 

i      y  vi  (signed)  S.  HALE,  decretory* 

.   Title  of  the  British, 

This  Atlas  (containing  the  copies  of  maps  and 
parts  of  maps  and  plains  with  the  exception  of  thq 
last  Mitchell's  map  which  was  filed  as  thereon 
stated)  accompanied  the  answering  argument  of 
the  Agent  of  His  Britannic  Majesty  filed  on  the 
14th  of  August  last. 


m:i 


r^ 


I-- 

111:,. 


!:' 


;t 


190         . 

No.  20.  ■'■.',.  ei;\>i#u't|>j' -  <  ' 

Litter  from  the  Governor  of  Maine,  to  tfu  President  of  the 

United  States.  .■ 

N  Portland,  May  19,  1827. 

Sir  :  The  situation  in  which  this  State  is  placed, 
in  consequence  of  the  unexecuted" provision  of  the 
treaty  of  Ghent  relative  to  its  northeastern  boun- 
dary imposes  upon  me  a  duty  which  I  am  not  per- 
mitted to  compromise  by  my  feelings  of  respect 
for  yourself,  and  the  high  authority  with  which 
you  are  invested.  However  discouraging  may  have 
been  the  correspondence  I  have  had  with  the  Sec- 
retary of  State,  I  cannot  decline  a  course  delibe- 
rately determined  upon,  or  admit  the  belief,  that 
a  representation  relating  to  the  welfare  of  Maine 
can  be  unwelcome.  It  is  not  the  comparatively 
light  concern  of  a  passing  favour,  or  the  import  of 
a  transient  measure  that  I  am  about  to  urge  ;  but 
it  is  that  of  making  a  memorial  for  consideration 
and  record  as  to  the  demesne  and  jurisdiction  of 
this  member  of  the  Union. 

Obliged  to  depend  principally  for  information 
upon  rumor,  the  tenacity  of  knowledge,  which  is 
power,  has  not,  however,  concealed  the  fact  that 
the  British  government  has  made  a  claim  embrace- 
ing  a  large  tract  of  country  adjacent  to  the  pro- 
vince of  New-Brunswick.  Information  from  va- 
rious sources  cannot  fail  to  have  produced  on  your 
mind  a  just  impression  of  the  importance  commu- 


f1'  mh     i 


191 

\ 

oicated  to  that  territory  in  reference  to  value  and 
jurisdiction,  by  its  qualities  of  soil,  its  variety  of 
native  productions,  its  streams,  its  situation,  and 
all  those  properties  calculated  to  render  it  not  only 
a  strong  interior  barrier  to  invasion,  but  fruitful  of 
the  means  to  prosperity  to  our  maritime  frontier. 
Tho  State  of  Maine  claims  the  propriety  in  an  un- 
divided moiety,  and  the  entire  jurisdiction,  as  far 
as  consistent  with  the  paramount  power  'of  the 
United  States,  in  relation  to  that  extensive  tract. 
Having  learned  that  the  title  thereto  is  involved  in 
the  details  of  a  diplomatic  arrangement  conducted 
under  the  sanction  of  the  executive  department  of 
the  federal  government,  Maine,  although  not  con- 
sulted, yet  bound  from  deference,  to  pay  a  due  res- 
pect to  reasons,  the  nature  and  force  of  which  she 
if^  from  a  studious  and  mysterious  reserve  rendered 
unable  to  comprehend,  believes  she  ought  to  pre- 
sent her  expostulations  in  regard  to  any  measures 
threatening  her  with  injury. 

The  Secretary  of  State  has  informed  me  that 
the  disputed  claims  to  land  along  our  northeastern 
boundary  are  to  be  submitted  to  arbitration.  By 
arbitration  I  understand  a  submission  to  some  for> 
eign  Sovereign  or  State,  who  will  decide  at  plea- 
sure on  the  whole  subject,  who  will  be  under  no 
absolute  obligations,  or  effectual  restraint  by  virtue 
of  the  treaty  of  1783,  whose  conscience  will  not  be 
bound  to  impartiality  and  justice  by  the  solemn 
sanction  of  an  oath,  and  whose  feelings  may  natu- 
rally be  biassed  against  a  Republic  accused  of  inor- 


i 


"AM 


BP^r"'" 

pi- ' 

B'i^" 

pfe- 

lil  ' 

P' 

p:" 

W 

II:  > 


ir:f. 


flT'V 


192 


ll-i 


dinate  ambition,  and  in  whose  peace  and  prosperity 
there  is  an  interesting  lesson  and  example  for 
nations. 

The  treaty  making  power  of  the  United  States 
on  one  side,  and  his  Britannic  Majesty  on  the  other, 
engage  to  consider  the  decision  of  the  arbitrator 
final  and  conclusive.  Let  me  say  that  to  a  surren- 
der of  territory,  involved  as  a  possibility,  it  will,  I 
trust,  be  made  evident  that  there  is  another  party, 
not  to  be  an  indifferent  spectator  of  its  own  dela- 
ceration.  The  mind  in  contemplating  our  prospects 
is  carried  to  the  Courts  of  Europe,  and  led  to  scan 
the  tribunals  to  which  you  may  refer  this  subject. — 
It  would  be  unsuitable  for  me  to  comment  on  the 
dispositions  or  talents  of  foreign  Sovereigns  or 
States,  but  it  is  not  in  cold  blood  that  I  can  antici- 
pate the  committing  the  destinies  of  Maine  to  an 
irresponsible  arbiter  to  be  found  in  a  distant  land 
and  necessarily  unqualified  to  act  .in  the  case. 
The  character  of  this  arbitership  has  been  porten- 
tiously  exhibited  by  Mr.  Gallatin  in  that  letter,  in 
which  on  the  authority  of  intelligence  from  New 
Brunswick,  he  most  erroneously  ascribed  an  inter- 
position by  the  agents  of  Massachusetts  and  Maine 
as  to  a  compromise  of  our  boundary.  Suffice  it  to 
say  that  the  proposed  arbitration  will  jeopardize,  with- 
out her  consent  and  against  her  will,  the  rights  of 
Maine ;  and  allow  me  to  add,  that  if  called  upon 
to  make  the  required  sacrifice,  she  will  be  com- 
pelled to  deliberate  on  an  alternative,  which  will 
test  the  strictness  of  her  principles,  and  the  firm- 


193 


6ess  of  hfeV  temper.  The  acknowledgment  ot'  the 
mother  country  and  the  exercise  of  the  inherent 
power  of  the  people,  formed  Massachusetts  into  a 
body  politic,  originally  independent  of  the  present 
Union  and  of  every  foreign  government.  All  the 
territorial  and  jurisdictional  rights  which  she  could 
acquire  were  absolutely  her  own  and  remain  so  to 
this  day,  excepting  so  far  as  she  has  granted  them 
to  the  United  States  or  to  Maine.  The  treaty  of 
1783,  containing  the  acknowledgment  of  her  eman- 
cipation, and  exaltation  to  self-government,  was 
not  with  the  States,  exclusively  as  a  federal  body, 
but  partially  at  least  as  independent  communities; 
that  is  to  say,  if  in  some  points  of  view  they  ap^ 
peared  as  forming  a  national,  in  other,  they  were 
regarded  as  being  an  allied  association.  Hence 
the  acknowledgment  of  independence  applied  dis^ 
tinctly  to  each  State,  as  <Jid  also  the  relinquishmtenf 
by  the  King  of  Great  Britain  of  *  the  propriety  and 
territorial  rights  of  the  same  and  every  part  thereof.' 
It  is  necessary  to  notice,  that  at  the  period  of  the 
negotiation  of  the  treaty  of  peace,  the  confederation 
to  a  slight  extent  and  in  reference  to  a  few  objects  drew 
the  States  into  concert  and  gave  them  a  unity  of  cha- 
racter ;  but  the  most  superficial  examination  sh6ws 
that  the  confederacy  had  not  a  common  hiterfest  in 
territory  or  territorial  rights,  and  that  the  tecbgni- 
tion  of  these  bore  upon  the  ancient  colonies  only- 
as  they  held  under  their  charters,  or  as  the^  fruits  of 
their  wisdom  and  valor,  in  fiJe  simple  and  absolute 
wvereignty. 
26 


H 


iii''i'' 


•:n; 


e.'i 


mn 


194 

.^  When  by  the  ratification  of  the  conventions  of  the 
States,  Massachusetts  surrendered  to  a  superintend- 
ing agency  a  portion  of  her  power,  she  yielded  no 
right  to  dispose  of  her  soil,  or  to  abstract  any  part 
of  it  from  her  juriidiction.  She  imparted  no  au- 
thority to  enter  into  new  engagements,  or,  what 
may  be  equivalent,  to  modify  the  means  of  enforc- 
ing an  existing  provision  of  an  original  compact 
made  in  part  with  herself,  nor  to  expose  without 
her  own  consent  or  that  of  her  successor  and  re- 
presentative to  the  fate  of  foreign  arbitrament, 
her  dearly  purchased  and  sacred  rights.  On  the 
contrary,  Maine,  now  standing  in  the  place  of  her 
parent  republic,  may  deem  the  fifth  article  of  thb 
treaty  of  Ghent,  as  having  led  to  a  course  endanger- 
ing her  rights,  and  rendered  more  painful  and 
alarming  by  her  exclusion  from  a  proper  intercom- 
BAUnication  and  legitimate  consideration  as  a  party 
in  the  case.  ,  ,  ; 

Whatever  character  appertained  to  the  confed- 
eration or  to  those  who  entered  into  that  holy 
league,  it  is  manifest  that  the  States  were  not  iden- 
tifijG^d  and  confounded  with  the  UnioQ  in  relation 
to  tl^e  question  here  presented,  under  the  original 
trea,ty  of  peace  and  limits.  I  must,  therefore,  re- 
spectfully urge  that  how  3ver  the  policy  and  prin- 
ciples of  the  executive  department  of  the  federal 
government  may  dictate  the  imposition  upon  Maine 
of  silence  and  forbearance,  and  however  plainly 
may  be  indicated  the  disposition  to  treat  the  sub- 
ject as  if  merely  national,  she  will  not  observe  any 


19S 

procedure  by  the  United  States  and  Great  Britain 
for  the  severance  of  her  territory  and  the  abroga- 
tion of  her  authority,  without  a  sensibility  too  se- 
rious to  be  passive.  She  holds  that  her  domain  is 
not  the  subject  of  partition.  ..   .Ki,^,;.^. 

-I  pause  to  render  more  obvious  the  relevancy  of 
these  remarks.  Of  two  principles  on  which  it  de- 
pends, it  may  be  sufficient  to  state  but  one.  The 
power  of  subjecting  to  arbitration  with  an  absolute 
right  in  the  arbiter  to  form  and  establish  a  ter- 
ritorial limit  is  equivalent  to  the  power  of  ceding 
territory. — The  arbiter  is  the  legal  substitute  and 
mutual  agent  of  the  parties,  in  this  case  assumed 
to  be  the  United  States  and  Great  Britain,  his 
acts  are  their  acts,  and  there  is  a  positive  pledge 
to  an  unconditional  obedience  to  his  behcsf.  It  is 
the  delegation  of  the  Sovereignty  of  a  despot. 
The  effect  may  be  the  cession  of  all  Maine  or  of 
only  a  part,  but  if  of  any,  the  government  of  the 
United  State*  will  participate  by  an  unauthorized 
submission,  in  the  injustice  of  the  umpire. 

It  is  not  controverted  that  the  control  of  our  fo- 
reign relations  belongs  to  the  United  States  as  to 
objects  which  have  arisen  uvSiY  the  Constitution 
or  existing  laws ;  but  in  regard  to  rights  acquired 
by  an  independent  party  and  interests  in  property 
vested  by  acts  anterior  to  the  existence  of  that 
compact,  the  interposition  by  the  federal  executive 
without  an  expreiss  grant  of  power  seems  to  be 
gratuitous.  No  statesman  will  assert,  that  the 
treaty  making  power  is  competent  to  an  act  trans- 


-,»!"■  r'r'.:i!l 


•%■ 


V.' 


11^' ■ 


1 .  h 


in   ,■    ■ 

|V:: 


i 


I . 


nmi 


III  * 


1^6 


cending  the  scope  of  the  combined  trusts  of  the 
government.  ,.. 

1  advert  to  principles,  familiar  to  your  mind,  be- 
cause it  is  my  duty  to  present  the  opinions  here 
entertained.  What  then  is  the  authority,  or  agen- 
cy which  it  may  be  assumed,  would  produce  no  re- 
monstrances from  the  State  the  most  deeply  con- 
cerned ?  Not  surely  that  which  admits  of  what  is 
termed  by  Mr.  Gallatin,  splitting  the  difference, 
nor  of  conceding  property,  which  does  not  belong 
to  the  United  States,  nor  curtailing  a  jurisdiction 
above  their  rightful  control.  Whatever  may  be 
urged  to  the  contrary,  it  is  confidently  asserted  not 
only  that  the  provision  of  the  treaty  of  1783  is  im- 
perative, but  that  it  describes  our  boundary  with 
a  precision  which  shames  the  British  claim,  and, 
connected  with  the  making  of  ,that  claim,  casts  a 
shade  over  the  lustre  of  the  British  character. 
By  negations  we  may  sometimes  arrive  at  an  aflirm- 
ative.  1  say  then  that  the  boundary  on  the  surface  of 
the  earth,  does  not  rest  along  the  Penobscot,  which 
the  British,  then  perhaps  contemplating  that  vast 
empire,  they  anticipated  in  North  America,  insid- 
iously and  surreptitiously  seized  during  the  late  war. 
That  boundarv  cannot  be  established  there.      It 

ft 

does  no^rest  where  the  British  minister  has  pre- 
sumed to  place  it.  The  making  the  claim  does 
not  determine  its  justice,  nor  the  obstiftftcy  of  per- 
sisting in  it  create  with  this  powerful  nation  the 
necessity  of  a  concession,  which  will  as  surely  be 
followed  by  a  more  enormous  one,  as  it  is  certain 


(H 


197 


that  the  Roman  Empire  was  igoominiously  subju* 
gated  through  the  base  spirit  of  submission  to  in- 
cipient wrong.  Enough  has  been  said  (o  meet  the 
obvious  and  natural  enquiry,  what  is  expected  of 
the  government,  or  may  I  not  say  what  is  demand- 
ed of  it. — It  knows  the  demerit  of  the  British 
claim ;  it  is  conscious  of  the  rights  of  Maine  ;  and 
hereafter  it  cannot  be  said  that  her  views  have  not 
b^n  exhibited.  She  might  therefore  be  forever 
justified  in  the  exercise  of  her  jurisdiction  and  so- 
vereign State  rights  over  the  disputed  ground.  Her 
faith  is  not  pledged,  nor  is  that  of  the  Union  to 
permit  any  reduction  of  her  actual  territory,  and 
there  is  no  artifice  of  construction  or  force  of  au- 
thority to  break  off  that  great  component  part  of 
her  domain  now  assailed,  and  to  bind  her  judg- 
ment to  acquiescence.  The  cession  would  bo  nu- 
gatory, and  if,  for  a  time,  she  should  be  compelled 
to  submit  to  it,  the  abeyance  prgduced  by  power 
will  not  preclude  the  right  of  resumption  which 
justice  may  at  some  period  award. 

It  has  been  urged  that  this  concern  is  so  exclu- 
sively national  that  Maine  is  obtrusive  in  present- 
ing her  views  to  the  consideration  of  the  execu- 
tive. It  is,  nevertheless,  believed  that  she  is  under 
high  obligations  vigilently  to  supervise  her  inter- 
ests, freely  to  assert  her  rights,  and  not  to  yield 
readily  to  the  discouraging  but  perfectly  natural 
inclination  to  see  in  her  conduct  the  huniblegt  de- 
ference and  an  entire  unquestioning,  improvident 
obedienoe.    She  commits  no  intentional  error  and 


\m 


m 

m- 


?  ■ 


m 


'!'    I 


198 

ootninuiies  with  the  frankness  which  belongs  to  her 
independence,  her  character,  and  her  station  with 
her  sister  Republics  and  with  the  Union. — In  do- 
ing so  she  evinces  her  respect  for  their  integrity, 
intelligence,  and  patriotism,  and  she  avoids  by  a 
prudent  forecast  that  danger  of  collision  bred  from 
present  distrust  and  that  querulous  and  exasperated 
temper  usually  exhibited  when  the  evils  of  mea- 
sures are  experienced  and  when  causes  are  appre- 
ciated by  their  effects. 

Repeating  to  you  the  expression  of  my  regret 
that  you  have  been  pleased  to  refuse  that  informa- 
tion contemp^a\':ed  by  a  resolution  of  the  State,  I 
shall  nevertheless  continue  to  hope  for  the  preser- 
vation, under  the  protecting  care  of  government,  of 
that  now  exposed  territory,  destined  under  any 
proprietor  to  be  soon  occupied  by  a  numerous  po- 
pulation engaged  in  all  the  pursuits  which  sustain 
human  life  and  adorn  human  nature. 


No.  21. 


LUitrJrom  the  Governor  of  Maine,  to  the  Secretary  of  State  of 

the  United  States. 

Portland,  29M  April,  1827. 

Sir  :  I  am  induced  by  considerations  which  I 
deem  important,  to  avail  myself  of  your  obliging 
offer,  to  obtain  copies  of  all  the  papers  in  your 
office,  relative  to  the  boundary  between  this  State 
and  New  Brunswick,  which  the  President  may  per- 


199 

mit  to  be  trunsmitted.  This  request  applies  iO 
maps  with  the  exception  of  the  map  already  fur- 
nished of  the  country  explored  in  the  years  1817, 
1818,  1819,  and  1820,  by  order  of  the  Commission- 
ers under  the  fifth  article  of  the  treaty  cf  OUeflty 
by  Hiram  Burnham,  U.  S.  surveyor.  ->;,;',-?[  tumvi 

I  have  the  honor  also  to  solicit  transcripts  of  the 
arguments  of  Mr.  Chipman  and  Mr.  Sullivan,  aa 
agents  under  the  commission  for  determining  the 
true  St.  Croix  ;  and  of  the  arguments  of  Mr.  AustiQ 
and  Mr.  Chipman,  under  the  fourth  article  of  the 
treaty  of  Ghent,  together  with  the  report  of  the 
Commissioners  in  both  cases. 

Excuse  me  for  adverting  to  the  punctilio  of  ex- 
pense, which  I  shall  wish  to  see  liquidated. 

I  have  made  a  communication  to  the  President 
on  the  subject  of  our  northeastern  boundary,  which 
you  will  perceive  from  its  nature  was  necessarily 
directed  immediately  to  him. 


II 


jt. 


No.  22. 


;i 


:t 


'j-.ij: 


t     .1 


.! 


Letter  from  the  Secretary  of  State  of  the  United  States  to  the 

Governor  of  Maine.        ".  i  ..  •.,!;» 

-  TVa^Atn^ioB,  9M  Jwne,  1827. 

Sm:  The  President  has  received  the  letter, 
which  your  Excellency  addressed  to  him,  under  datd 
the  29th  ultimo  ;  and  I  am  charged  by  him  to  con- 
vey to  you  his  assurances  that  your  observations  on 
the  interesting  subject  of  our  northeastern  boun* 


i.r 


w. 


fl;i  •    i 


200 

diiry  shall  receive  attentive  and  respectful  consider- 
ation. I  beg  leave  to  add  that  in  no  contingency 
is  any  arbitration  of  the  difference  between  the 
United  States  and  Great  Britain,  relative  to  that 
boundary,  contemplated,  but  that  for  which  pro- 
vision has  been  solemnly  made  by  treaty.  It  would 
aifdrd  great  satisfaction  to  the  President,  if  a  resort 
to  that  alternative  for  quieting  the  dispute  could 
be  avoided,  by  obtaining  from  Great  Britain  an  ex- 
plicit acknowledgment  of  the  territorial  claims  of 
Maine,  in  their  whole  extent.  Candor,  however, 
compels  me  to  state,  that  the  prospects  of  such  an 
acknowledgment,  at  the  present  time,  are  not  en- 
couraging.        , 


io:..  ; 


■  if 


.!>.;• 


No.  23. 


*  'J  i 


Letter  from  Daniel  Brent,  Esq.  of  the  department  of  State  of  the 
United  States,  to  the  Governor  of  Miiine. 

Washington,  June  15,  1827. 

Sir:  I  was  directed  by  the  Secretary,  before 
his  departure  from  this  City,  a  few  days  ago,  on  a 
visit  to  Kentucky,  to  have  copies  prepared  of  the 
books,  &c.  &;c.  requested  in  your  letter  to  him  of 
the  29th  of  May,  and  to  transmit  them  to  your  Ex- 
cellency, with  all  possible  dispatch ;  and  I  have 
just  collected  together  the  manuscript  books  con- 
taining the  arguments  of  Mr.  Chipman  and  Mr. 
SullivaQ)  agents  under  the  commission  for  deter- 
mining the  true  St.  Croix,  and  those  containing  the 


201 


SJI. 


arguments  of  Mr.  km  .  and  Mr.  Chiproan,  agents 
under  the  4th  article  of  the  treaty  of  Ghent,  to- 
gether with  the  reports  of  the  Commissioners  in 
both  cases,  fourteen  in  number,  and  averaging, 
each  about  two  hundred  and  fifty  pages  of  close 
writing  on  foolscap  paper ;  transcripts  of  these  being 
particularly  noticed  by  you  as  wanting.  Added 
to  those,  the  arguments,  reports  and  papers,  in- 
cluding the  maps,  under  the  5th  article  of  the 
treaty  of  Ghent,  which  come,  it  would  seem  to  me, 
within  the  scope  of  your  request,  embrace  a  mass 
of  writing  nearly  as  voluminous  as  that  of  these 
books.  I  take  the  liberty  under  these  circumstan- 
ces, of  troubling  your  Excellency  with  this  com- 
munication, to  apprize  you  of  the  extent  of  the 
transcripts  which  appear  to  be  thus  required,  and 
of  the  delay  which  must,  of  consequence,  attend 
the  execution  of  your  Excellency's  commission,  aB 
it  is,  at  present,  understood  by  mo. 

I  beg  leave,  however,  to  state  that  the  subject 
is  involved  in  so  much  obscurity  from  the  prolix 
and  complicated  arguments,  reports  and  replies 
of  the  several  Commissioners,  agents,  astronomers 
and  surveyors,  that  I  do  not  like  to  venture  upon 
making  a  selection  for  the  copyists,  though  I  feel 
fully  persuaded  that  this  might  be  advantageourily 
done,  to  the  great  abridgement  of  their  work,  and 
to  the  expediting  of  the  fulfilment  of  your  wish. 
The  Senators  from  your  State,  Messrn.  Holmes 
and  Chandler,  have  seen  the  books,  and,  as  well 
1  recollect,  were  furnished  with  copious  extract^ 
2& 


I  '■    HO 


,1  t  ;!S 


Mi  I" 


■II-    '    '        f\ 


<'l, 


li ' 


mtm 


lli' 


202 


^ 


from  them ;  and  perhaps,  they  might  favor  this  de- 
partment, through  your  Excellency,  with  some  sug- 
gestion leading  to  a  convenient  curtailment,  which 
should,  nevertheless,  be  entirely  compatible  with 
your  Excellency's  object,  in  reference  to  the  copies 
required  by  you. 


V         '•■ 


fsif. 


No.  84. 


Eetterfrom  the  Governor  of  Maine  to  Daniel  BreHt,  Esq.  of 
the  Department  of  SttUe,  of  the  United  States. 

/  lit  ,  .  ,,  Portland,  July  14,  1827. 

Sir, — I  had  the  honour  to  receive  your  letter, 
referring  me  to  the  Hon.  Messrs.  Holmes  and 
Chandler,  as  to  reducing  the  amount  of  the  draught 
I  had  made  on  the  proffered  kindness  of  the  Se- 
cretary of  State.  I  have  availed  myself  of  all 
possible  benefit  from  your  suggestion ;  bufam  still 
disposed  to  accept,  without  reservation,  the  fa- 
vour he  so  politely  tendered,  which  is  done  with 
the  greater  sense  of  obligation,  because  that  fa- 
vour cannot  embrace  the  principal  objects  first 
contemplated,  and  is  therefore  rendered  more  val- 
uable as  to  the  residue.  It  is  also  believed  that 
Maine  ought  not  to  lose  the  opportunity  of  placing 
among  her  archives  all  those  documents  which  she 
can  obtain  relating  to  a  concern  so  important  as 
that  of  a  third  of  her  territory. 


,ii: 


203 


Extract  of  a  letter  from  the  Governor  of  MassackusHts  to  the 
Governor  of  Maine,  dated,  Executive  Department  of  Massor 
chutetts, 

Boston,  July 'id,  ISan.^": 

*  I  beg  also  to  avail  myself  of  this  opportunity 
to  acknowledge  the  receipt  of  several  interesting 
communications  from  your  Excellency  in  refer- 
ence to  the  northeastern  boundary,  which  will  re- 
ceive the  most  respectful  and  faithful  considera- 
tion. My  own  opinion  of  the  importance  of  the 
general  views  which  you  have  in  detail,  and  with 
great  force,  presented,  on  this  subject,  has  been 
heretofore  expressed  in  official  communications  to 
the  Legislature  of  this  Commonwealth,  and  in  a 
correspondence  had  with  the  Department  of  State 


of  the  United  States.' 


^V 


\'\- 


.    ^  .  No.  25. 

f Metier  from  the  Governor  of  Maine  to  the  Secretary  of  State  of 

the  United  States. 

Portland,  September  2d,  ISQ7. 

Sir, — Since  I  had  the  honour  of  addressing  you 
on  the  subject  of  the  northeastern  boundary  of 
this  State,  facts  have  been  placed  within  my 
knowledge  which  more  imperatively  than  any  oth- 
er, urge  me  to  solicit  the  attention  of  the  Presi- 
dent to  the  situation  in  which  we  are  placed.  It 
is  now  rendered  evident  that  the  representation 


I'^VY' 


m  i 


;H:, 


mm 


1 


t 


H      i 


"■    ■■  ■'  .   ^•■"  >   *  •■■■   ■-       :^''  "'.—    ;. 

made  to  yon  and  communicated  in  your  letter  of 

the  27th  of  March  last,  that  the  British  government 
has  abstained  from  the  performance  of  any  new 
acts  which  might  be  construed  into  an  exercise  of 
the  rights  of  sovereignty  or  soil  over  the  disputed 
t6rritory,  was  entirely  incorrect.  That  represen- 
tation, connected  with  the  recommendation  by  the 
President,  has  undoubtedly  had  much  influence 
with  Maine  in  producing  a  forbearance,  which  will 
probably  be  objected  against  her,  in  comparison 
with  the  opposite  course  by  Great  Britain,  as  con- 
taining an  implied  acknowledgment  of  the  right- 
fulness of  the  jurisdiction  which  has  been  exer- 
cised for  years,  by  a  foreign  power  in  the  manner 
and  to  an  extent  which  I  beg  leave  now  to  ex- 
liibit,  as  presented  to  me  by  credible  testimony. 
Along  the  St.  Johns  river  following  it  up  westward- 
ly  from  the  junction  of  the  Matawascah,  is  a  very 
flourishing  settlement  containing  a  considerable 
number  of  peaceably  disposed  and  industrious  in- 
habitants. Among  these  is  a  proportion  of  Amer- 
ican emigrants,  some  of  whom  hold  their  laud  un- 
der deeds  from  Massachusetts  and  Maine,  and  the 
others,  or  nearly  all  of  them  are  anxious  to  obtain 
titles  in  the  same  way.  The  latter  at  present  oc- 
cupy as  tenants  at  sufferance,  and  neither  recog- 
nize the  lands  as  being  Crown  lands,  nor  do  they 
voluntarily  submit  to  British  authority.  These 
persons,  the  government  of  New-Brunswick  treats 
in  all  respects  as  aliens^  <  denies  their  right  to  hold 
real  estate,  assesses  upon  them  the  alien  tax,  and 


^' 


'  t 


-'■■'.'  * 

refuses  to  perinit  to  them  the  transmission  of  their 
produce  as  American.     1  forbear  to  speak  of  many 
acts  of  violence  and  petty  vexation  of  which  they 
also  complain.    The  other  inhabitants  are  uniform- 
ly treated  as  British  subjects,  and  new  acts  of  ju- 
risdiction even  to  requirement  of  military  duty  are 
as  frequently  exercised  as  the  ordinary  operations 
of  a  municipal  control  require.     Before  express-^v 
ing  to  you  the  sentiments  which  should  be  con- 
nected with  the  exhibition  of  these  facts,  allow 
me  to  ask  your  attention  to  the  sacrifice  to  which 
Maine  is  submitting  while  her  formidable  adver- 
sary is  thus  industriously  fortifying  his  positions. 
She  owns,  as  it  is  believed  as  clearly  as  she  owns 
any  other  portion  of  property,  a  tract  not  less  than 
six  millions  of  acres,  which  with  the  exception  of 
about  a  million  and  an  half  situated  northeastward 
of  the   St.  John  and  Matawascah  is   generally 
valuable   for  soil   and  timber,  bo  that  the  latter 
along  one  river  has  been  estimated  to  be  worth 
;$[  180,000  00,  which  is  only  equal  to  an  average  of 
;^  150  00  per  square  mile.     The  use  of  these  vast 
resources  is  forbidden  to  her  by  the  circumstance, 
that  a  claim  is  made  upon  it  by  a  foreign  power 
and  by  the  respect  she  entertains  for  the  President's 
recommendation  of  a  mutual  forbearance  ;  yet  that 
power  is  in  the  mean  time  applying  its  jurisdiction 
in  the  same  manner  as  if  the  representations  of  its 
minister  created  no  pledge  and  no  obligations  to  sus- 
tain their  correetness.    While  it  is  natural  that  the 
same  power  should  seek  to  render  the  pi-ovince  of 


<,SJ-t 


II 


w^ 


,*^' 


•"-    "  ■ --  ■  ^'  ^"  :       *Uo  -;•■'■"  ■'■i'^-i:-   ~ 

New-Brunswick  wealthy  and  powerfal,  hy  the  prize 
it  hopes  to  win,  it  might  have  been  expected  that 
there  should  be  no  repugnance  between  its  acts  and 
declarations.  The  case  which  will  be  presented, 
must,  as  you  perceive,  necessarily  require»of  Maine, 
a  consideration  of  the  duties  she  owes  to  her  cit- 
izens, not  left  in  the  condition  of  neutral  subjects 
without  gbvernment,  as  has  been  supposed,  but  ac- 
tually subjugated.  ^i^-Jd'  ;-^iS^vii*,«fA-;i»«i>  ya#:^'*^/^i^'si^a=: 

»tTo  allow  our  lands  to  remain  uncultivated,  and 
our  public  improivements  to  be  postponed  through 
a  state  necessity,  is  a  sacrifice  capable  of  being 
endured,  compared  with  that  of  seeing  dominion 
usurped  over  those  who  owe  us  allegiance,  and  to ; 
whom  protection  is  due.  It  has  been  the  doctfine 
of  the  Government,  and  of  a  great  portion  of  the 
people  of  the  Ignited  States,  at  times  when  Great 
Britain  was  heretofore  prosecuting  claims  against 
this  country,  more  extensive,  but  not  less  unjust 
than  the  present,  that  an  injury  to  a  single  citizen 
inflicted  a  wound  upon  the  body  politic,  and  that 
an  evil  inflicted  upon  a  part,  demanded  the  making 
a  common  cause  for  its  remedy*  ^#?i^  js^ni  jp*«w^' 

<ln  such  a  sentiment,  believed  to  bo  now  as  fully 
as  ever  entertained,  I  find  my  apology  for  this  re- 
newed appeal  for  protection  of  the  interests  of 
Maine  against  the  reduction  of  its  territory  and  the 
oppression  of  its  citizens  through  foreign  ioterpoc 

I 

.  Availing  myself  of  the  present  opportunity  to  of- 
fer the  President  a  further  view  of  this  subject, 


1 1 


"/ '  \ 


.C^s*Vi^^!t-^: 


which  I  omitted  purposely  6i»  formeir  occasions,  it 
is  flattering  to  be  able  to  bring  in  aid  the  analogy 
of  the  opinions  understood  by  the  nation  to  have 
been  uniformly  entertained  by  our  statesmen  and 
jurists  in  the  case  of  the  Mississippi.    It  being  as- 
sumed that  the  protection  solicited  will  be  yielded, 
and  that  the  property  demanded  cannot  be  sur- 
rendered in  any  form,  or  under  any  mode  of  pro- 
cedure, except  as  superior  force  may  compel  sub- 
mission to  a  cession  of  State  territory,  it  is  natural 
to  advert  to  the  value  of  the  property  at  stake. 
That  value  is  so  enhanced  as  to  place  it  beyond 
calculation  when  we  apply  the  doctrine  applied  to 
the  navigation  of  the  M ipissippi,  that  the  owner- 
ship of  the  head  waters  of  rivers  gives  the  right  of 
free  navigation  to  their  sources.    The  doctrine 
subject  to  some  modification  of  a  pditical  and  fis- 
cal character,  has  the  same  application  under  the 
laws  of  nature  and  nations,  in  reference  to  our 
right  of  navigation  through  the  St.  John,  as  this 
nation  always  demanded  for  it  in  connection  with 
the  great  question'  with  Spain,  which  called  it  into 
view*    Let  me  intreat  you,  then,  to  look  at  once 
to  the' exciting  cause  of  the  jcupidity  of  Great  Brit- 
ain, and  the  anxiety  of  Maine  as  to  this  profligate 
claim.     The  materials  for  ship  building  on  the  dis- 
puted territory,  may  be  called  inexhaustible,  and 
the  soil  is  so  fertile,  that  the  Matawascah  settle- 
ment exports  many  thousand  bushels  of  grain. 
The  towns  near  the  bay  of  Fundy,  both  on  the 
Scoodic  and  St.  John,  under  the  exclusive  policy  of 


ii 


; 


;'|  i 


■'•■%: 


M 

■     i'    '  1 


liif  'i 


■f    ,    ' 


11 


208 

Great  Britain,  derive  immense  annual  profits  from 
ship  building,  and  they  look  with  an  unholy  inter- 
est and  ^intent  on  the  extensive  forests  of  Maine. 
If  the  merits  of  the  case  admitted  more  measured 
terms,  I  should  use  them.  But  believing  that  all 
posterity  would  reprobate  the  weakness  of  yield- 
ing what  is  once  so  rightfully  ours,  and  so  impor- 
tant, I  use  the  freedom  which  the  occasion  de- 
mands. Beyond  what  I  have  urged,  let  me  add, 
that  there  will  be,  if  you  shall  defeat  the  claim 
upon  our  territory;  a  facility  of  artificial  water 
communication  which,  regarding  its  extent  is  un- 
paralleled in  thr  geography  of  this  country.  It  will 
embrace  all  the  waters  of  the  St.  John,  Penobscot,  i 
Kennebec,  and  St.  Lawrence. 

If  the  General  Government  will  employ  an  agent 
of  this  State,  it  will,  I  am  sure,  be  responsible  for 
proving  to  him  the  correctness  of  all  I  have  stated, 
to  his  entire  satisfaction,  and  in  the  most  authentic 
forms.  I  cannot  close  without  assuring  you  of  my 
confirmed  belief,  that  Maine  will  never  assent  to 
the  result  of  an  arbitration  unfavourable  to  her  in- 
terests in  the  great  concern  in  reference  to  which 
my  duty  has  compelled  me  to  trouble  you  with  my 
repeated  communications. 


r!h'  I 


..     < 


' '  .1 


i;L^^ 


Le/<«r  //•«»»  *A«  Secretary  of  State  of  the  United  i8t«i^^  io  thi^ 
V      J*.  4    ,im..if.,^i   .Governor  of  Maine.  ,.^i 

Sm :  I  have  received  the  letter  which  yodr  Ex-^ 
cellisncy  did  me  the  honour  to  addr^^k  to  me  on 
the  third  instant,  and  I  have  lost  no'llftie  in  trarish 
mJtting  a  copy  of  it  to  the  President  df  this  United 
States,  who  will  no  doubt  give  to  it^hsef' Wait  res- 
pectful and  deliberate  exartiinatibn;  lii*^hfe  liieii 
time  I  have  also  transmitted  4)inextract  frotn  It  ;t6the 
British  Minister,  accompanied  by  the  e^pr^sioii^ttii^ 
tlw  necessary  Orders  will  be  given,  oa  the  part  of  Hi«i 
Bt^iJsh  Governtttent,  to  ejiforce  th^tl  ttitftual^foiH 
b^i^nce  from  tthy  hew  %©te  ^Olidihg  tb  strs^gthetr 
th^felliims  of  either  pitfty  to  the  di^ut«ed  territbry, 
wliii^h  it  has  been  tthderstoodln  the  cbrre^pondence 
between  Mr.  Vaughan  and  "myself,  would  be  ob- 
served'on  both  sides.-  ff^^*l!^i?iff'*)^??1W^^ft5Mifet^^ 


'**1 


Letter  from  the  Governor  of  Maine,  to  the  Lieutenant  Governor 

of  New  Brunswick.  ' '^"  ***■*'' '  -.^-vx  •••:/>••  ■■'^:''^'^ 

*'       ^   •    *    '      r       i  Portland,  Oct.  12,  ISiSr. 

Sir  :    It  has  been  represented  to  me,  as  Go- 
vernor of  the  State  of  Maine,  that  one  of  its  citi- 
zens, of  the  name  of  John  Baker,  while  residing  on 
27 


!'i  i 


ii 


i 


i 


PI 


•-■Hi  •  ■ 


B'B-J    ^ 


'V 


its  territory,  h^i  been  arrest<^d  and  is  detained  in 
gaol  at  Fi^dericton.  A  circumstance  so  interesting 
to  the  piei^ce  and  character  of  the  State  and  coun- 
try compels  hie  to  solicit  information  which  1  do 
with  the  Respect  and  amicable  disposition  due  au- 
thorities of  a  neighbouring  government.  It  vt 
hoped  that*  ybu  will  be  pleased  to  communicate  all 
the  facts  in  the  case,  and  that  the  result  will  be  to 
allay  the  anxiety  produced  by  the  impression  that 
the  privtlog^s  of  an  American  citizen  and  the  juris- 
dictioriol%iibvereign  power  has  been  invaded. 
Maine  Iras'iot  only  a  wish  to  be  amicably  connect- 
ed'^tii  Mew  Brunswick,  but  her  interests  impel 
her  to  seek  a  friendly  intercommunication  X  y^t  yoli 
mltet  bo  aware  that  honor  and  justice  demand  of 
her  the  ottnotrt  respect  and  devotioh  oil'bir  Jmrt  to 
the  rights  of  eveiry  Citizen.  "^^"^^ 
^^  The  attettipt  tb  eitettd  the  juiisdictton  ^  Nfew 
Brunswick  over  the  disputed  territory  will  compel 
coanteraotioD  from  Maine.— The  result  must  be 
productive  of  so  much  evil  that  it  is  not  deemed 
indelicate  or  disrespectful  to  advert  to  it.  The 
arrest  of  our  citizens  on  what  we  believe  to  be  a 
part  of  our  State  will  demand  its  utmost  energies 
for  resistance. 


^J^fA 


'   I 

I  III  v- 


. ,  / 


%u 


Wo.  S8.  ■■M$  :  \ 

w#.w,«in    STATE  OF  MAINE. 

ftl'^^i/*,  Skfretmtjf  of  State's  f^i,  \ 

Portland,  Nov.  6,  iSan.    \ 

■  ,  ■..  '  '     %^ 

^jl*^*,»* /I'^w-rr?,.*  .* - A«Mir4  Dwaeis,  Esq,  Portland,  .  J^ 

S;k  ;  i  am  directed  to  infprm  you,  tbat  you  have  ' 
im9  ^MiEi)  l»een  appointed  by  the  Governor  of  tbii 
Su»te,  an  agent,  witb  authority  to  act  in  behalf  of 
the  Stacd  of  Maine,  in  obtaining  information,  either 
informal,  or  by  authenticated  Atatements,  as  to  aU 
objects  relating  to  rights  of  property  and  jurisdic- 
tion between  the  governments  of  the  said  State, 
and  the  province  of  New  Bruswick.  i^j 

I  have  the  honor  to  be,  with  great  respect,  your 
most  obedient  servant,  ft^^mMfm\^ii!;<^0!t  v|f«»ti 

mm^'^y  AMOS  mCROLS,  Secretary  of  State, 


Letter  from  the  Governor  of  the  State  of  Maine  to  the  Lieutenoni 
'^#S^/    'Hf '   k-  Governor  of  New  Brunsmck.  y^^iy  it^itf/zi^.^i 
t  .M  i,»     -r../ 'i  Portland,  Nov.  5th,  18X7. 
Sir  :    I  have  the  honor  to  solicit  your  friendly 
reception  of  Charles  S.  Daveis,  Esquire,  appointed 
to  obtain  information  relative  to  our  border  diffi- 
culties.    It  has  been  considered  due  to  yourself  to 


?^V' "■ " 


If!.'- 


I'  '  ' 


212 

select,  for  this  Agency,  a  gentleman  of  high  charac- 
ter, and  who  in  the  most  acceptable  manner,  may 
inquire  into  concerns  calculated  to  produce  a  war 
between  the  United  States  >and  Great  Britain,  un- 
less by  the  forbearance  of  injuries  by  New  Bruns- 
wick and  Maine,  it  may  be  prevented. 

In  whatever  point  of  view  you  may  regard  this 
subject,  I  have  full  confidence  that  you  will  permit 
Mr.  Daveis,  if  only  in  the  capacity  of  a  stranger 
and  a  gentleman,  to  pass  with  your  countenance 
through  the  territory  over  which  you  preside,  to 
the  different  portions  of  country  he  may  wish  to 
visit,  for  the  purpose  of  ascertaining  the  facts  rela- 
tive to  complaints  of  violence  and  injustice  coni- 
mitted  on  the  citizens  of  Maine.        *..*.>  '   .  v;,.  - 

This  measure  has  been  adopted,  not  to  interrupt, 
but  to  cherish,  the  most  respectful  sentiments, 
and  amicable  disposition,  between  all  those  who 
may  be  concerned.  •'!  i 

Mr.  Daveis'  authority  does  not  specially  desig- 
nate his  object ;  but  you  are  requested  to  consider 
him  as  fully  empowered  to  demand  the  release  of 
John  Baker,  a  citizen  of  Maine,  said  to  be  confined 
in  the  Goal  at  Fredericton,  and  that  the  persons, 
who  arrested  him  and  conveyed  him  there,  may  be 
delivered  up  to  be  tried  by  the  laws  of  this  State, 
and  dealt  with  as  justice  may  require. 


t  -I 


'•i'Hi;.: 


213 


No.  30. 


Litter  from  the  Secretary  of  State  of  the  United  States  to  the 

Governor  of  Maine. 


-<,/!■: 


Washington,  30th  October,  1827. 

Sir, — I  have  committed  to  the  charge  of  Mr. 
William  Prentiss,  who  will  have  the  honour  to  de- 
liver them  and  this  letter  to  your  Excellency,  and 
who  is  employed  for  that  purpose,  twenty-four 
manuscript  volumes  of  books,  according  to  the  ac- 
companying Hat,  on  the  subject  of  the  north  and 
northeasterly  boundary  line-3  of  the  United  States, 
prepared  at  this  office  for  the  State  of  Maine,  con- 
formably with  the  suggestions  and  desire  express- 
ed by  your  Excellency.  From  the  extent  of  these 
manuscripts,  it  is  more  than  probable  that  they  em- 
brace copies  of  a  great  deal  more,  in  documents, 
discussion  and  argument,  than  was  in  the  contem- 
plation of  your  Excellency,  or  than  was  desired 
for  the  use  of  your  State  ;  but  to  secure  a  full  com- 
pliance with  your  Excellency's  views,  and  to  guard 
against  any  deficiency,  I  gave  directions  to  have  a 
transcript  made  of  every  thing  which  might  by 
possibility  be  useful  or  interesting  upon  the  occa- 
sion, having  the  remotest  bearing  upon  the  subject, 
with  the  limitation  stated  in  my  previous  corres- 
pondence ;  and  as  the  selection  was  necessarily 
committed  to  others,  who  may  not  have  had  a  very 
accurate  view  of  the  extent  of  the  Commission 


■1  •   'I  It 


1    .     1:  ,    :l    ■ 


% 


'llli'' 


I: 


214 

entrusted  to  them,  it  is  not  improbable  that  it  may 
comprise  much  which  may  be  found  superfluous. 

I  send  also,  forty-two  copies  of  maps,  likewise 
prepared  with  the  same  views,  and  under  the  same 
circumstances,  which  Mr.  Prentiss  will  also  have 
the  honour  to  deliver  to  your  Excellency. 


'.f' 


No.  31. 


Letter  from  the  Governor  of  Maine,  to  the  Secretary  of  SteUe  of 

the  United  States. 

Portland,  16M,  Nov.  1827. 

Sir, — I  have  received  the  documents  you  caus4 
ed  to  be  transmitted  with  the  satisfaction  natur- 
ally excited  by  so  valuable  a  testimonial  of  regard 
for  the  wishes  of  this  State.  An  attention  which 
has  occasioned  so  much  trouble,  cannot  fail  to  pro- 
duce a  strong  sentiment  of  respect,  and  to  call 
into  action  a  proper  sensibility,  in  acknowledg- 
ment of  a  burdensome  service,  from  those  very 
deeply  interested  in  obtaining  it. 

I  have  also  this  day  received  your  communica- 
tion of  the  date  of  the  10th  instant.  From  its 
contents,  I  am  made  sensible  that  the  objections 
I  have  had  the  honour  to  urge  against  the  sub- 
mission to  a  foreign  umpire  of  the  territorial  and 
jurisdictional  rights  of  Maine,  without  consulting 
or  advising  her  as  to  the  conditions,  have  not  been 
deemed  available.  If  any  injury  shall  result  to  her, 
the  appeal    will   be  made   to  the   people  of  this 


w 


215 


country  and  to  posterity.  It  has  not  seemed  ar- 
rogant or  presumptuous  to  have  expected  a  recog- 
nition of  her  rights,  and  to  have  asked  that  if  she 
is  to  be  made  a  sacrifice,  she  might  not  be  devot- 
ed without  some  consideration  on  her  part  of  the 
terms. 

It  is  not  probable  that  your  various  important 
engagements  can  have  allowed  to  my  former  com- 
munications more  than  the  cursory  glance,  which 
enables  the  officer  in  most  cases  to  dispatch  busi- 
ness, especially  in  those  cases  in  regard  to  which 
he  has  marked  out  his  course  ;  but,  to  save  repe- 
tition, I  must  ask  your  indulgence  to  refer  to  those 
communications  as  containing  statements  and  prin- 
ciples near  to  the  hearts  and  interests  of  this  com- 
munity. When  you  cautioned  us  against  sugges- 
tions of  compromise  and  acts  of  precaution,  it  was 
not  believed  that  it  was  that  you  might  the  more 
easily  throw  us  witnin  the  power  of  an  umpire, 
but  that  you  intended  to  intimate  that  the  powerful 
arm  of  the  federal  government  was  holding  ita 
ample  shield  before  us.  At  last  we  learn  that  6ur 
strength,  security  and  wealth  are  to  be  subjected 
to  the  mercy  of  a  foreign  individual,  who,  it  has 
been  said  by  your  minister,  *'  rarely  decides  upon 
strict  principles  of  law,"  and  "  has  always  a  bias 
to  try,  if  possible,  to  split  the  difference."  I  can- 
not but  yield  to  the  impulse  of  saying  most  re- 
spectfully that  Maine  has  not  been  treated  as  she 
has  endeavoured  to  deserve. 

The  painful  duty  of  laying  before  you  the  tes- 


:r(it 


I 


rf|;|i' 


;■  'I  •:  ; :  1. 


I , 


i^n 


i  !  ;i 


lilUl, 


M 


f^uLM 


216 


i!l  fu 


mi. 


1 


timon^td  prove  the  a^^greesions  committed  upon 
citiz^^  of  this  State,  oy  inhabitants  of  New-Bruns^ 
wick,  jivas  seasopabty  discharged.  It !  is  feared 
that  the  violence  committed,  has  been  biit  the 
commencement  of  a  system.  The  President  will 
surely  bestow  his  attention  upon  the  case  of  John 
Baker,  who  is  ftated  to  have  been  arrested  on 
land  conveyed  to  him  in  fee  simple,  in  the  year 
1825,  by  the  CoiQino^weahh  of  Massachusetts 
and  the  State  of  Maine.  The  conveyance  was 
virtually  a  certificiate  of  citizenship  and  a  pledge 
for  protection.  It  was  als^  an  a^t  of  State  policy, 
a  deliberate  political  meaisure,  and  the  ^'  old  Com- 
monwealth" and  this  Repuhlic  may  Well  call  upob 
the  President  and  Secretary  of  State  to  be  their 
protectors.  AD  those  who  have  contended  against 
the  impressment  of  the  sailor  in  our  ships,  will 
resent  the  arrest  of  the  yeoman  on  the  frontier. 
Connecting  this  injury  with  others,  which  have 
been  suffered  and  threatened,  it  has  been  deemed 
proper  to  appoint  an  Agent  of  the  State,  to  in- 
quire in  a  friendly  and  respectful  manner,  into  the 
fact^,  whose  report  will  enable  me  to  answer  fully 
and  correctly  the  questions  you  have  proposed. 
It  is  with  great  deference,  submitted  that  every 
investigation  of  this  subject,  will  satisfy  the  fede- 
ral government  that  the  representations  I  have 
had  the  honour  to  present,  'might  have  been  wor- 
thy a  serious  consideration,  which  I  doubt  not 
they  have  received,  although  possibly  too  late.  The 
communications  to  the  Lt.  Governorof  New  Bruns- 
wick, and  other  documents  will  accompany  this  letter. 


|f;- 


H  < 


*ry*. 


217 


No.  32. 


PROCLAMATION. 

STATE  OF  MAINE. 
BY  THE  GOVERJSrOR  OF  THE  STATE  OF  MAWE. 
A  PROCLAMATION. 

Whereas  it  has  been  made  known  to  this  State,  that 
one  of  its  citizens  has  been  conveyed  from  it,  by  a 
foreign  power,  to  a  gaol  in  the  Province  of  New 
Brunswick ;  and  that  many  trespasses  have  been 
committed  by  inhabitants  of  the  same  Province 
upon  the  sovereignty  of  Maine  and  the  rights  of 
those  she  is  bound  to  protect. 

Be  it  also  known,  that,  relying  on  the  govern- 
ment and  people  of  the  Union,  the  proper  exertion 
will  be  applied  to  obtain  reparation  and  security. 

Those,  therefore,  suffering  wrong,  or  threatened 
with  it,  and  those  interested  by  sympathy,  on  ac- 
count of  the  violation  of  our  territory  and  immuni- 
ties, are  exhorted  to  forbearance  and  peace,  so 
that  the  preparations  for  preventing  the  removal 
of  our  land  marks,  and  guarding  the  sacred  and 
inestimable  rights  of  American  citizens  may  not  be 
embarrassed  by  any  unauthorized  acts. 

ENOCH  LINCOLN. 

BY  THE  GOVERNOR. 

AMOS  NICHOLS,  Secretary  of  State. 

Council  Chambe 
Portland,  Abv.  9,  Ig-W 

28 


Si 


:i  ;'■'  \' 


mi 


'I'lH 


''■'.,  I  '""i 


1 


218 


I 

'-f^- 
''.,}' 


ii  'I 


No.  33. 


I  1 


II)  H.-. 


hi-  "   . 


fl-:| 


Extract  of  a  Utter  from  the  Secretary  of  State  of  the  United 
States,  to  the  Governor  of  Maine. 

Washington,  27th  Nov.  1827. 

Sir  :  I  have  to  acknowledge  the  receipt  of  the 
letter  which  your  Excellency  did  me  the  honor  to 
address  to  me  on  the  16th  instant,  with  its  accom- 
panyments,  all  of  which  have  been  laid  before  the 
President.  He  sees  with  great  regret  the  expres- 
sion of  the  sentiment  of  your  Excellency,  that 
"Maine  has  not  been  treated  as  she  has  endea- 
voured to  deserve."  Without  engaging,  at  this 
time,  in  a  discussion  of  the  whole  subject  of  our 
dispute  with  Great  Britain  about  the  northeastern 
boundary  of  the  United  States,  in  which  the  State 
of  Maine  is  so  deeply  interested,  which  would  be 
altogether  unprofitable,  I  am  sure  I  shall  obtain 
your  Excellency's  indulgence  for  one  or  two  gene- 
ral observations  which  seem  called  for  by  the 
above  sentiment. 

By  the  treaty  of  Ghent,  on  the  contingency 
which  unhappily  occurred,  of  a  non-occurrence 
between  the  British  and  American  Commissioners 
in  fixing  that  boundary,  they  were  directed  res- 
pectively to  report  to  their  Governments,  and  the 
difference  thus  left  unadjusted  was  to  be  referred 
to  a  sovereign  arbitrator.  Your  Excellency,  in  the 
course  of  the  correspondence  which  has  passed 
between   you  and  this  department,  has   protested 


219 

against  this  reference,  and  your  objections  to  it 
have  received  the  most  respectful  consideration. 
The  fulfilment  of  solemn  obligations  imposed  upon 
the  United  States  by  the  faith  of  treaties ;  and  the 
duty  with  which  the  President  is  charged  by  the 
constitution,  of  taking  care  that  the  laws  (of  which 
our  treaties  with  foreign  powers  form  part)  be 
faithfully  executed,  did  not  appear  to  leave  him  at 
liberty  to  decline  the  stipulated  reference.  If  any 
other  practical  mode  of  settling  the  differences 
had  occurred,  or  been  suggested  by  your  Excel- 
lency, to  the  President,  it  would  have  received 
friendly  and  deliberate  consideration. 

It  is  certainly  most  desirable  that  nations  should 
arrange  all  differences  between  them,  by  direct  ne- 
gotiation, rather  than  through  the  friendly  agency 
of  third  powers.  This  has  been  attempted  and  has 
failed.  The  Government  of  the  United  States  is 
fully  convinced  that  the  right  to  the  territory  in 
dispute  is  with  us  and  not  with  Great  Bi:itain.  The 
convictions  ol  Maine  are  not  stronger  in  respect  to 
the  validity  of  our  title,  than  those  which  are  enter- 
tained by  the  President.  But  Great  Britain  pro- 
fesses to  believe  the  contrary.  The  parties  cannot 
come  to  the  same  conclusion.  In  this  state  of 
things  what  ought  to  be  done  ?  National  disputes 
can  be  settled  only  amicably  or  by  an  appeal  to 
the  sword.  All  will  agree  that  before  resorting  to 
the  latter  dreadful  alternative,  every  friendly  and 
peaceful  measure  should  be  tried  and  have  failed. 
It  is  a  happy  expedient,  where   nations  cannot 


■'''^'.ii 


I. '  !:';•'! 


1  • 


ti 


'i,' 


220 


f      9 


^1 


If/-* 


M 


\w  . 


I 


theraselves  adjust  their  differences,  to  avail  them- 
selves of  the  umpirage  of  a  friendly  and  impartial 
power.  It  multiplies  the  chances  of  avoiding  the 
greatest  of  human  calamities.  It  is  true  that  it  is 
a  mode  not  free  from  all  objection,  and  Mr.  Gal- 
latin has  adverted  to  one,  in  the  extract  which  you 
give  from  one  of  his  dispatches.  But  objectionable 
as  it  may  be,  it  is  better  and  not  more  uncertain 
than  the  events  of  war.  Your  Excellency  seems  to 
think  that  the  clearness  of  our  right  should  pre- 
vent the  submission  of  the  controversy  to  an  arbi- 
trator. But  the  other  party  professes  to  be  equally 
convinced  of  the  indisputable  nature  of  his  claim ; 
and  if  that  consideration  were  to  operate  on  the 
one  side,  it  would  equally  influence  the  other. 
The  consequence  will  be  at  once  perceived.  Be- 
sides, the  clearness  of  our  title  will  attend  it  before 
the  arbitrator,  and,  if  we  are  not  deceived  in  it, 
his  favourable  decision  is  inevitable. 

The  President  regrets,  therefore,  that  in  con- 
ducting the  negotiation  with  Great  Britain,  he 
could  not  conform  to  the  views  of  your  Excellency, 
by  refusing  to  carry  into  effect  a  treaty,  to  the  ex- 
ecution of  which  the  good  faith  of  the  nation  stood 
pledged,  and  which  was  moreover  enjoined  by  the 
express  terms  of  the  Constitution. 

But,  if  he  could  have  brought  himself  to  disre- 
gard this  double  obligation  under  which  he  is  placed, 
how  could  the  interests  of  Maine  have  been  ad- 
vanced ?  Both  parties  stand  pledged  to  each  other 
to  practice  forbearance,  and  to  ubytain  from  further 


221 

acts  of  sovereignty  on  the  unoccupied  waste,  until 
the  question  of  right  is  settled.  If  that  question 
cannot  be  settled  by  the  parties  themselves,  and 
may  not  be  settled  by  arbitration,  how  is  it  to  be 
determined  P  The  remaining  alternative  has  been 
suggested.  Whether  the  time  has  arrived  for  the 
use  of  that,  does  not  belong  to  the  President,  but 
to  another  branch  t>f  the  Government  to  decide. 

I  cannot  but  hope  that  your  Excellency,  upon  a 
review  of  the  whole  subject,  in  a  spirit  of  candor, 
will  be  disposed  to  think,  that  the  Executive  of  the 
United  States  has  been  endeavouring  with  the  ut- 
most zeal,  in  regard  to  our  Northeastern  boun- 
dary, to  promote  the  true  interests  of  the  United 
States  and  of  the  State  of  Maine ;  and  that  this 
respectable  State  has  been  treated  neither  with 
neglect  nor  injustice. 


if\  1 1 


No.  34. 


Letter  from  the  Lieutenant  Governor  of  New  Brunswick  to  the 

Governor  of  Maine. 

Fredericton,  New  Brunswick,  I5th  Nov.  1827. 

Sir :  I  have  the  honour  to  acknowledge  the  re- 
ceipt of  your  Excellency's  letter  of  the  22d  Octo- 
ber requesting  me  to  communicate  all  the  circum- 
stances respecting  the  arrest  of  the  individual  named 
in  your  Excellency's  letter. 

It  is  not  for  me  to  question  the  propriety  of  your 
Excellency's  opening  a  correspondence  with   the 


t  is!! 


mmmim 


% '  I 


1 : 


U  5. 


222  ^ 

government  of  this  province,  on  a  question  non 
pending  in  negotiation  between  his  Majesty's  go- 
vernment and  the  government  of  the  United  States, 
as  contracted  under  the  treaty  of  Ghent ;  but  it 
would  neither  be  consistent  with  my  sense  of  du- 
ty, nor  in  conformity  with  my  instructions,  to  give 
the  explanations  your  Excellency  requests,  to  any 
persons  excepting  those  with  whom  I  am  directed 
to  correspond,  or  under  whose  orders  I  am  placed. 

Should  any  reference  be  made  by  the  General 
Government  of  the  United  States,  to  his  Majesty's 
Minister,  upon  this  or  any  other  matter  connect- 
ed with  the  government  of  this  province,  it  will 
be  my  duty  to  afford  his  Excellency  the  fullest  in- 
formation to  enable  him  to  give  whatever  explan- 
ation he  may  deem  proper. 

Although  for  these  reasons  1  must  decline  any 
further  correspondence  with  your  ExcoDoncy  on 
this  subject,  yet  it  is  in  entire  unison  wit)**^i3e  sen- 
timents and  disposition  which  I  know  to  animate 
His  Majesty's  Government,  that  I  take  this  occa- 
sion to  assure  your  Excellency  of  my  sincere  and 
cordial  desire  to  do  all  in  my  power,  so  far  as  I 
personally  am  at  liberty,  to  use  any  discretion  in 
the  duties  with  which  I  am  iniperatively  charged, 
to  meet,  with  respect  and  consideration,  the  ami- 
cable disposition  which  your  Excellency  profes- 
ses. I  trust  my  conduct  will  be  found  to  evince 
a  just  and  manifest  solicitude  to  repress  and  pun- 
ish any  acts  on  the  disputed  territory,  which  might 
lead  to  the  interruption  of  a  good  understanding 


225 

between  the  two  countries,  and  to  keep  the  ques- 
tion in  a  state  propitious  for  a  speedy  and  amica- 
ble adjustment. 


In  the  Supreme  Court Exchequer  Side. 

York,  to  wit.     Be  it  remembered,  that  Thom- 
as Wetraore,  Esq.  Attorney-General  of  our  Sove- 
reign Lord  the  King,  for  this,  his  Majesty's  pro- 
vince of  New-Brunswick,  who  prosecutes  for  our 
said  Lord  the  King,  comes  in  his  own  proper  per- 
son into  the  Court  of  our  said  Lord  the  King  be- 
fore the  Justices  of  our  said  Lord  the  King,  at 
Fredericton,  on  the  seventeenth  day  of  Septem- 
ber, in  the  eighth  year  of  tiie  Reign  of  our  Sove- 
reign Lord  the  now  King,  and  for  our  said  Lord 
the  King,  gives  the  Court  here  to  understand  and 
be  informed, — that  whereas  a  certain  tract  or  par- 
cel of  land  situate  in  the  parish  of  Kent,  in  the 
county  of  York,  in  the  said  province,  and  lying  on 
both  sides  of  the  river  St.  John,  between  the  mouth 
of  the  Madawaska  river  and  the  river  St.  Francis, 
and  containing  in  the  whole  fifty  thousand  acres, 
in  the  hands  and  possession  of  our  said  Lord  the 
King,  on  the  first  day  of  February,  in  the  first  year 
of  his  Reign,  and  before  and  continually  ufter,  was, 
and  of  right  ought  to  be,  and  yet  ought  to  be,  in 
the  right  of  his   Imperial  Crown  of  the  United 
Kingdom  of  Great  Britain  and  Ireland,  and  as  part 
of  the  Dominions  of  our  said   Lord  the  King,  in 


.t 


224 


pi 


'I 


this  province :  and  for  so  long  a  time  as  there  is 
no  remembrance  of  any  man  to  the  contrary,  has 
been  in  the  possession  of  the  said  Lord  the  King, 
and  his  predecessors,  the  Kings  and   Queens  of 
Great  Britain  and  Ireland,  and  a  part  of  the  Do- 
minions  of  the   said   Crown. — Nevertheless,   one 
John  Baker,  of  the  parish  aforesaid,  in  the  county 
aforesaid,  farmer,  the  laws  of  the  said  Lord  the  King 
in  no  wise  regarding,  but  intending  the  disherision 
of  the  said  Lord  the  King  in  the  premises,  on  the 
first  day  of  February,  in  the  second  year  of  the 
Reign   of  our   said  present   Sovereign   Lord  the 
King,  and  on  divers  days   and  times,  before  and 
since,  with  force  and  arms  and  without  any  law^- 
ful  authority,  in  and  upon  the  possession  of  the  said 
Lord  the  King,  of  a  part  of  his  said  lands,  to  wit, 
one  hundred  acres  thereof,  lying  on  the  westerly 
side  of  the  Land  Turtle  or  Mariumpticook  river,  a 
branch  of  the  said  rivei  St.  John,  at  the  parish  afore- 
said, in  the  county  aforesaid,  intruded  and  entered 
and  erected  and  built  thereon  a  certain  house  and 
other  edifices,  and  cut  and  felled   divers,   to  wit, 
five  hundred  timber  and  other  trees  thereon  stand- 
ing and  growing,   of  the  value   together  of  one 
hundred  pounds,  and  took  and  carried  away  the 
timber  and  wood  arising  from  the  said  trees,  and 
of  his  own  will  disposed  thereof,  and  the   issues 
and  profits  of  the  same  lands  accruing,  received, 
and  had,  and  yet  doth  receive  and  have  to  his  own 
use  and  still  holds  and  keeps  possession  of  the 
lands ;  and  the  said  trespass  aforesaid  hitherto  and 


225  ^ 


'   ^    ,     i 


yet  continuing  to  the  great  annoyance  of  our  said 
Lord  the  King,  in  contempt  of  our  said  Lord  tho 
King — and  contrary  to  the  laws  and  against  the 
peace  of  our  said  Lord  the  King. 

Whereupon  the  said  Attorney-General  of  our 
said  Lord  the  King,  for  the  said  Lord  the  King, 
prays  the  advice  of  the  Court  here  in  the  premi- 
ses, and  that  the  aforesaid  John  Baker  come  here 
to  answer  the  said  Lord  the  King  in  the  premisos. 

(Signed,)  T,  WETMORE,  Attorney-General 

Indorsed,  J.  M.  BLISS:    , 

t 

Examined  by  me,  and  certified  to  be  a  true 
copy, 

T.  R.  Wetmore,  Clerk  to  the  Attorney-QeneraU 
28th  November,  1 827.        > ^c^; p        ^  ^"^^^^  * 


-  4  . 


STATE  OF  MAINE, 

Office  of  the  Secretary  of  State,    \ 
J  Portland,  Feb.  18,  1828.      J 

It  is  hereby  certified  that  the  Documents  contained  in  this 
Pamphlet  have  been  compared  with  the  originals,  records  and 
copies,  remaining  in  this  Office,  and  appear  to  be  correctly  print- 
ed. '  ^,-^  .'  ,/:-  ■:      \  '      ■'    ' 

A.  mCHOLS,  Secretary  of  Statt. 

29 


'!  'H 


'    # 


;i;ii 


II 


I' I 


I'IPIB'liHBHIi.iUii 


Pi,  '  1   1 

,'ljj  !!liil   If 


^^u 


'!!'■''''■ 


REPORT 


OF 


WiJi^ij-k  -  ....,>, 


(DHARIiES  S.  DAYEIS,  ESd* 


0  -.    »^  AGENT  APPOINTED  BY  THE  EXECUTIVE 


'.   7  ■; 


^,N.W'» 


or  THE 


•fy.\  i 


t^  -  J^A^= 


.,  i  i.- 


« t?      ■»  •.  ,   '"» 


STATE  OF  MAINE, 


TV  inquire  tiild  omil  reporl  ttpon  certain  facts  relating  to  aggres- 

iions  upon  the  rights  of  the  State,  and  ofindivid- 
^,  ual  citizens  thereof,  by  inhabitants  of  the 

provinu  of  Neio-Brwuunck. 


^w 


PORTLAND  : 
Printed  by  order  of  the  Legiakture. 

1828. 


h  %M 


ti        ! 


1  i       ;'i 


». 


lly 


STATE  OF  MAINE. 


.     In  Senate,  Feb.  6,  1828. 

The  Joint  Select  Committee  to  whom  was  referred  the  com- 
munication from  the  Governor  of  the  2d  inlt.  with  the  Report  of 
the  Agent,  appointed  by  vhe  Executive  of  this  State,  to  inquire 
into  and  Report  upon  certain  facts  relating  to  aggressici-  upon 
the  rights  of  the  State  of  Maine,  and  of  individual  citizena  there- 
of by  inhabitants  of  the  province  of  New-Brunswick,  and  also 
the  accompanying  doeuments,  have  carefully  examined  the  same 
and  recommend  that  Five  hundred  copies  of  the  Report  of  the 
said  Agent  be  printed  ;  three  hundred  thereof  for  the  use  of  the 
members  of  the  Legislature  and  the  remaining  two  hundred  to  be 
disposed  of  at  the  pleasure  of  the  Governor  :  the  Committee  also 
recommend  the  passage  of  the  Resolve,  which  is  herewith  sub> 
mitted.  ^ 

JOHN  L.  MEGQUIER,  Chairman, 


<       ■  V 


'        In  Senate,  Feb.  6,  1828. 
Read  and  accepted — Sent  down  for  concurrence. 

ROBERT  P.  DUNLAP,  President. 


House  of  Representatives,  Feb  7, 1828. 

The  House  so  far  concur  with  the  Sennte  as  to  accept  that 
part  of  the  Report  which  relates  to  the  irinting  and  distribution 
of  the  aforesaid  Agent's  Report. 

,     JOHN  RVUGLES,  Speaker. 


t! 


m'K 


REPORT. 


Portland,  January  31,  1828. 

Sir, — I  have  alread}  acquained  your  Excellen- 
cy with  my  proceedings  at  Fredericton,  and  the 
manner  in  which  I  had  performed  the  duty  assign- 
ed to  me  by  your  appointment,  within  the  province 
of  New-Brunswick. 

In  pursuance  of  the  further  appointment  to  in- 
quire into  the  nature  of  aggressions  complained 
of  as  having  been  committed  by  inhabitants  of 
New-Brunswick  upon  persons  residing  near  the 
frontier,  within  the  lin  .its  of  this  State,  1  endea- 
voured to  prosecute  the  inquiry  and  to  obtain  cor- 
rect information  by  the  best  means  that  were  in 
my  power.  In  the  actual  condition  in  which  your 
Excellency  will  perceive  the  whole  inhabited  por- 
tion of  the  country  bordering  upon  the  river  St. 
John  or  any  of  its  branches,  within  our  boundary, 
or  the  region  that  is  now  termed  disputed  territory, 
to  be,  it  will  be  for  your  Excellency  to  judge  with 
what  benefit  1  could  have  proceeded  to  the  high- 
est pointH  of  American  settlement,  without  the 
advantage  of  a  sanction  from  the  adjoining  author- 
ity.    It  happened,  however,  that  I  was  enabled  in 


!'!'IW 


I! 


1 1     I 


ill 


II 


I 


■  tii« ' 


rfMU 


230 


i'.- 


r  p  , 


company  with  the  gentleman  appointed  to  make 
corresponding  inquiries  by  the  President  of  the 
United  States,  to  see  several  persons,  who  had 
come  to  Houlton  from  the  country  above  the  river 
Madawaska,  in  consequence  of  the  state  of  things 
there  existing,  or  who  were  engaged  in  opening  a 
winter  road,  as  a  communication  for  the  people 
living  on  the  river  Aroostook,  direct  to  that  plan- 
tation. Th(^  statements  of  these  persons  were 
taken  under  oath,  at  my  request,  before  a  magis- 
trate of  the  county  of  Washington.  Other  testi- 
mony has  been  also  collected  in  the  same  form  by 
another  respectable  magistrate  of  the  same  coun- 
ty, among  the  settlers  on  the  Aroostook  :  and  oth-^ 
evidence    has  likewise  been   obtained,    from 


er 


which  your  Excellency  may  be  able  in  some  mea- 
sure to  fill  up  the  outline  thus  exhibited  in  regard 
to  the  true  state  of  affairs  in  that  quarter.  It  is 
proper  for  me  to  say  that  I  should  not  have  been 
deterred  from  undertaking  to  complete  it,  by  any 
apprehension  of  inconvenience  ;  but  my  situation 
was  not  perfectly  free  from  embarrassment ;  time 
had  been  consumed  by  circumstances  beyond  my 
expectation  or  control,  and  obstacles  existed  to 
my  progress,  which  would  have  rendered  it  dif- 
ficult to  procure  positive  testimony  any  where  in 
the  district  of  country  upon  the  river  St.  John,  ex- 
tending above  the  river  Madawaska. 

The  first  course  of  inquiry  relates  to  the  condi- 
tion of  settlers  on  the  river  Aroostook.  The  rights 
of  the  Commonwealth  of  Massachusetts  were  ex- 


231 


M.-'h' 


ercised  upon  the  territory  situated  on  this  river, 
at  a  very  early  period  after  the  source  of  the  St. 
Croix  was  settled  under  the  Convention  of  1794. 
In  executing  this  Convention  it  was  distinctly  ad- 
mitted by  the  representatives  of  the  British  go- 
vernment in  this  country,  that  the  boundary  hne 
of  the  treaty  of  1783  Crossed  the  St.  John.  Grants 
were  accordingly  made  by  the  legislature  of  Mas- 
sachusetts of  sections  of  land,  embracing  both 
banks  of  the  Aroostook  and  bordering  on  the  boun- 
dary line,  namely — one  to  the  town  of  Plymouth 
and  one  to  General  Eaton.  Locations  of  these 
lands  were  made,  and  surveys  were  commenced 
under  the  authority  of  Massachusetts,  and  lines 
were  run  around  one  of  the  tracts,  more  than 
twenty  years  ago ;  and  lottings  were  made  in  the 
year  1812. 

These  acts  were  performed  in  the  presence  of  the 
Provincial  Government  established  on  the  borders 
of  the  river  St.  John.  That  stream  afforded  the 
only  communication  then  open  to  this  country  and 
thence  supplies  and  assistants  were  procurct  for 
the  purpose  of  making  the  above  survey  in  1806 
or  1807.  It  is  not  known  that  any  further  acfs 
were  exercised  on  behalf  of  the  original  proprie- 
tors of  these  granted  lands,  or  that  any  improve- 
ments were  mwde  upon  them  prior  to  the  late  war 
with  Great  Britain.  The  further  occupation  of 
this  remote  frontier  for  the  purpose  of  agriculture 
was  nt.'essarily  suspended  during  that  period  ;  nor 
is  it  known,  that  there  was  a  single  settler  of  any 


iri'i 


i'l    I 


M 


-i  ■  „.! 


232 


hU         • 


"[5 


description  upon  the  Aroostook,  when  this  interrup- 
tion ceased,  at  the  conclusion  of  peace  in  1815. 
This  event  was  succeeded  by  a  course  of  seasons 
and  circumstances  unfavourable  to  the  progress  of 
population  and  improvement  in  that  quarter ;  and 
also  by  the  measures  which  ensued  for  the  separa- 
tion of  Maine.  Upon  the  establishment  of  this  State, 
the  survey  of  this  section  of  country  was  resumed 
by  a  joint  commission  of  the  two  States,  for  the 
purpose  of  dividing  their  common  property,  pursu- 
ant to  the  provisions  of  the  act  of  separation,  ac- 
cording to  the  direction  of  their  respective  legisla- 
tures. The  progress  of  these  surveys  was  observed 
in  the  province  of  New  Brunswick,  and  they  have 
been  extended  over  nearly  all  the  country  in  the 
territory  of  Maine  watered  by  the  Aroostook. 

It  was  discovered,  that  trespasses  were  committed 
on  this  territory  by  persons  belonging  to  the  pro- 
vince, in  cutting  timber.  Opportanity  had  existed 
for  pursuing  such  practices  with  impunity,  in  the 
open  and  unguarded  state  of  the  country,  from  the 
ease  of  access  thereto  by  persons  engaged  in  that 
business  from  the  river  St.  John.  This  operation 
was  arrested  by  the  authority  of  this  State,  and 
partial  indemnity  obtained  for  the  trespasses  that 
had  taken  place,  and,  upon  objection  being  made, 
the  practice  of  granting  licenses  for  this  purpose, 
which  it  was  presumed  had  issued  improvidently, 
was  relinquished  by  the  government  of  New  Bruns- 
wick. Subsequent  to  the.  last  census,  and  the 
adoption  of  the  above  proceedings  by  the  authority 


233 

of  this  State,  in  connection  with  Massachusetts,  a. 
number  of  persons,  some  citizens  of  the  United 
States,  and  others  formerly  belonging  to  the  British 
provinces,  principally  descendants  of  persons  born 
in  this  country,  out  of  the  province  of  New  Bruns- 
wick, before  the  revolution,  have  settled  on  this 
territory.     A  few  foreigners  are  intermixed  with 
the   Americans,  and  a  small  number  of  Irish  are 
understood  to  have  planted  themselves  in  the  neigh- 
bourhood of  the  line.     Some  seem  to  have  gone 
on  under  the  persons  who  have  cut  timber.     With 
whatever  impression  the  original  trespassers  may 
have  gone  on,  the  present  settlers  appear  to  have 
established   themselves   generally  in  that  country 
under  the  opinion,  that  it  was  American  territory. 
They  understood  that  they  were  within  the  boun- 
dary line,  ds  it  had  been  repeatedly  run.     They 
were  so  informed  by  respectable  persons,  and  as^ 
sured  to  the  same  effect  by  public  agents.     They 
learned  that  a  part  of  the  land  had  been  granted 
by  the  government,  and  knew  that  the  country  was 
surveyed  by  the  States ;    and  their  object  was  to 
obtain   title  of  confirmation  to  their   possessions, 
either  from   the   proprietor  or  the   States.     It  is 
believed  that  these  remarks  apply  to  all  the  native 
Americans ;    and  the  only  exceptions  to  them  are 
understood  to  be  individuals  of  foreign  extraction. 
The  population  of  this  settlement  is  represented  to 
be  of  the  same  general  description,  which  has  been 
formed  on  the  new  American  settlements  in  the 
vicinity  of  Houlton.     The  traits  of  character  by 
30 


■j'll!     1  ' 


•  ,!i' 


i  ^;,.^t 


I  iiiii 


234 


I'  ■; 


', 


Wi' 


r 
U  -  ■ 

]    : 

.it  > 


:i    V,l    I 


j'r   ' 

r'' 

flf 

'    *      .      .V 


which  their  appearance  and  conduct  are  chiefly 
marked,  are  industry,  activity,  hardihood,  sense, 
and  honesty. 

These  settlers  have  only  an  equitable  title  to 
their  lands,  some  of  which  they  have  cleared  up 
and  cultivated,  and  from  which  they  have  taken 
good  crops  for  several  successive  seasons.  They 
have  made  some  attempts  to  avail  themselves  of 
the  advantages  afforded  upon  their  streams  for  the 
erection  of  gristmills,  which  have  not  been  fortu- 
nate ;  and  their  means  for  this  purpose  are  quite 
inadequate. 

The  settlers  of  this  section  have  been  peculiarly 
situated.  They  are  nearly  isolated  from  the  rest 
of  the  community.  They  have  not  enjoyed  the 
benefit  of  any  legal  magistracy,  nor  the  advantage 
of  any  internal  intercourse,  being  surrounded  with 
wilderness  except  by  the  circuitous  course  of  the 
St.  John,  towards  Houlton.  The  connexions  of 
these  people  have  been  necessarily  with  that  river, 
where  they  have  sought  a  market  or  conveyance 
for  their  produce,  and  whence  they  have  been 
obliged  to  derive  their  supplies.  The  American 
inhabitants,  whose  concerns  have  carried  them  to- 
wards the  river  St.  John,  have  been  exposed  to 
a  system  of  municipal  regulations  or  inhibitions, 
operating  on  articles  of  domestic  produce,  and 
subjecting  it  to  seizure  any  where  in  its  transit, 
the  manner  in  which  some  of  these  regulations 
have  been  put  in  force  will  appear  from  aflidavi^s 
of  persons  belonging  a  considerable  distance  below 


wm 


,235 

ihe  Aroostook.  Instances  of  this  description  ar<j 
complained  of  as  numerous ;  but  as  they  principally 
relate  to  acts  of  authority  performed  within  the 
province  of  New  Brunswick,  at  aome  of  the  offices 
which  produced  these  vexations  imve  been  abol- 
ished, and  as  some  modification  has  latelv  taken 
place  in  the  provisions  of  province  law  on  this 
subject,  the  effect  of  which  is  not  fully  understood, 
the  enquiry  has  not  been  extended  how  far  they 
have  been  applied  to  any  individuals  above.  Sei- 
zures, however,  under  some  pretext,  seem  to  have 
been  committed  on  the  Aroostook. 

The  settlers  upon  the  Aroostook,  in  addition  to 
their  ordinary  privations,  have  been  affected  by 
the  general  depression  occasioned  by  the  recent 
embarrassment  of  business  and  injury  to  credit 
among  the  larger  dealers  upon  the  river  St.  John ; 
and  it  is  natural  to  suppose  that  they  may  have 
thus  found  it  difficult  to  obtain  the  means  lo 
satisfy  debts,  generally  small,  which  they  owe  upon 
the  river ;  and-  they  are  not  able  to  defray  the  ex- 
penses attached  there  to  litigation.  On  the  other 
hand,  the  American  territory  has  afforded  them  no 
asylum.  No  acts  of  pretended  authority,  however, 
in  violation  of  the  jurisdiction  of  this  State,  under 
pretext  of  judicial  power,  are  known  to  have  taken 
place  until  a  comparatively  late  period.  Mr. 
George  Morehouse  resides  at  Tobique,  on  the  op- 
posite bank  of  the  St.  John,  within  a  parish  re- 
cently formed  by  the  name  of  Kent ;  he  formerly 
bore  the  commission  of  a  subaltern  officer  in  the 


i 


i 


11! 


1  '■'  ■'  :'t. 
ml. 


}■ 


m\ 


''■      ,i'i! 


I;  ^'ii 


!  'M 


236 


- 1  ■ 


111''   ;• 


*      ! 


afmy;  and  at  present  it  is  stated  actually  oxcr^ 
cises  a  commission  of  the  peace  for  the  county 
of  York.  For  two  or  three  years  paat  he  appears 
to  have  been  in  the  habit  of  issuing  precepts  di- 
rected to  the  Constables  of  the  parish  of  Kent,  for 
the  recovery  of  small  demands,  again^^t  inhabitants 
on  the  Aroostook.  One  other  person,  supposed  to 
b^  a  provincial  magistrate,  is  mentioned  as  having 
issued  a  single  precept  in  like  manner ;  and  service 
of  these  precepts  is  made  upon  inhabitants  many 
miles  within  the  boundary  line,  by  persons  under- 
taking to  act  as  Constables  of  the  parish  of  Kent. 
The  manner  in  which  these  persons  proceed  to 
execute  iheir  offices,  some  with  more  mildness  and 
civility,  and  one  who  is  represented  as  generally 
coming  armed,  and  treating  thorn  with  greater 
harshness,  is  detailed  in  stveral  affidavits.  In  the 
execution  of  these  precepts  it  appears  that  the  cat- 
tle and  moveables  of  the  inhabitants  are  subjected 
to  be  taken  and  immediately  carried  away,  to  be 
disposed  of  within  the  British  territory ;  and  that 
the  practice  is  extended  to  take  articles  of  property 
belonging  to  the  debtor,  which  are  exempted  from 
attachment  and  execution  by  the  laws  of  this  State. 
In  one  instance  it  appears,  that  the  same  cow, 
being  the  last  and  only  one,  was  taken  twice  on  a 
warrant  or  warrants  from  Mr.  Morehouse,  issued 
on  the  same  demand,  the  second  seizure  being  on 
account  of  costs.  The  inhabitants  themselves 
have  also  been  arrested  on  these  precepts,  and  not 
being  able  to  find  bail  wliere  none  could  be  legally 


237 

takeU)  are  removed  as  fast  as  possible  over  the 
lines  to  places  of  safety  within  the  province,  where 
they  may  be  able  to  procure  sureties,  or  settle  the 
debts,  or  otherwise  make  their  peace  with  the  of- 
ficer or  the  magistrate. 

This  practice  appears  to  have  prevailed  with 
some  frequency.  One  or  two  cases  appear  to  have 
occurred  in  connexion  with  this  practice  of  Mr. 
Morehouse  in  which  precepts  have  been  served, 
either  from  him  or  from  authority  further  below, 
by  a  Mr.  Craig,  Deputy  Sheriff  of  the  county  of 
York.  One  of  the  settlers  on  the  Aroostook  was 
solicited  by  Mr.  Morehouse  to  act  as  constable  for 
the  parish  of  Kent,  but  after  being  qualified  by 
him,  declined  to  serve.  It  is  possible,  that  instan- 
ces have  occi^rred,  in  which  settlers  above  the 
line,  from  want  of  other  resort,  may  have  been 
led  incautiously,  or  from  diflferent  motives  induced-, 
to  apply  to  Mr.  Morehouse. 

But  the  difficulties  to  which  the  inhabitants 
have  been  subjected  in  consequence  of  this  prac- 
tice, the  disproportionate  amount  of  expenses,  at- 
tached to  the  collection  of  small  demands,  and 
the  certainty  of  the  law,  as  they  consider  it  to  be 
administered  by  Mr.  Morehouse,  seem  to  have 
produced  an  endeavor  to  adjust  disputes  among 
themselves,  by  a  species  of  submission  to  referees, 
and  thereby  avoid  the  authority  imdertaken  to  be 
exercised  among  them  by  the  officers  of  the  parish 
of  Kent  or  the  county  of  York. 

'T'hat  this  state  of  things  should  have  resulted  in 


\K>, 


;l  li:'.  1 


n.  ■■;;!] 


t 

111' 


''-it. 


i:    'H 


i'i:j|  i 


238 


mi 


4  .'- 


the  collisions,  thpt  have  occurred  between  the  per* 
sons  despatched  by  Mr.  Morehouse  and  the  people 
living  on  the  Aroostook,  is  rather  a  subject  of  re- 
gret than  a  matter  of  surprise.  In  the  absence  of 
any  regular  administration  of  justice,  having  adop- 
ted the  principle  of  an  equitable  arbitration,  to 
which  they  undertook  to  yield  voluntary  deference, 
the  inconvenience  of  having  its  first  operation 
overruled  by  the  order  of  Mr.  Morehouse  seems 
to  have  led  to  a  sort  of  after  consideration  or  in- 
quiry respecting  the  bounds  of  the  parish  of  Kent ; 
and  consequently  into  a  question  concerning  the 
applicability  of  Mr.  Morehouse's  authority  within 
the  American  boundary.  Admitting  that  authori- 
ty to  extend  to  the  settlement  on  the  Aroostook, 
the  opposition  into  which  Dalton  and  others,  who 
undertook  to  aid  Arnold  in  the  recovery  of  his  cow, 
were  betrayed,  would  be  clearly  without  justifica- 
tion. At  all  events  it  is  obvious,  that  the  state  of 
doubt  which  has  thus  been  cast  upon  their  condi- 
tion, has  led  to  the  unfortunate  consequences  of 
irregular  reprisal ;  and  however  it  may  be  deemed 
a  measure  of  venial  oflfence  against  unauthorized 
aggression,  it  has  involved  the  well  meaning  and 
otherwise  unoffending  inhabitants  of  this  settle- 
ment in  the  evils  of  a  state  of  border  warfare. 
Several  illustrative  details  are  exhibited  in  the  af- 
fidavits. The  inhabitants  ot  the  Aroostook,  while 
they  have  thus  been  subject  to  process  from  Mr. 
Morehouse,  do  not  seem  to  have  been  considered 
by  him  as  being  entitled  to  the  protection  of  the 


«  4  ,    i 


239 


government  which  he  undertakes   to  personate. 
Early  laat  spring  he  appeared  among  them,  and 
forbid  their  working  on  the  lands  and  continuing 
their  usual  labours  of  clearing  and  cultivation,  to 
get  a  hving.     He  posted  up  written  notices  to  this 
effect  on  the  Eaton  grant,  and  in  different  places ; 
and  marked  some  small  parcels  of  lumber,  which 
they  had  cut,  for  seizure.      It  was  shortly  after 
this  period  that  George  Field,  whose  affidavit  is 
exhibited,  appears  to  have  left  the  country  in  con- 
sequence, as  he   says,  of  the   inconveniences  to 
which  he  was  exposed,  and  went  with  his  family 
to  Houlton.     These  settlers  seem  to  have  been 
generally  regarded  by  Mr.  Morehouse  in  some  light 
as  a  sort  of  outlaws,  or  wild  people,  who  had  no 
proper  habitancy,  and  were   liable  to  be  dealed 
with  in  any  manner  that  might  please  the  province 
of  New-Brunswick  or  its  proper  officers.     In  no 
legal  light  do  they  seem  to  have  been  regarded 
as  subjects,  except  astre!=<T>as8€rs  and  intruders  on 
crown  lands,  liable  to  judicial  process ;  and  under 
colour  of  some  such  character,  measures  appear  to 
have  been  subsequently  applied  to  divest  them  of 
their  property,  and  expel  them  from  their  posses- 
sions. 

Early  in  the  month  of  July  last,  Daniel  Craig 
came  with  the  first  writ  from  Mr.  Morehouse  to 
take  the  cow  that  Arnold  had  of  M'Crca ;  and  also 
delivered  summonses  to  the  settlers  to  appear 
forthwith  before  the  Court,  which  was  then  on  the 
point  of  sitting  at  Fredericton,  to  answer  to  the 


'I   ii 


t.i ::' 


il      11':' 


''i'li 


■      I 


240 


Vf,  - 


King  of  Great  Britain,  in  pleas  of  trespass  and  in- 
trusion on  crown  ^ands.  This  process  was  served 
by  him  indiscriminately  on  all  the  inhabitants,  in- 
cluding tbe  citizens  of  the  United  States,  as  well 
as  those  born  in  the  provinces,  or  others.  This 
eudden  proceeding  naturally  produced  a  state  of 
confusion  and  consternation  among  the  settlers. 
No  time  was  afforded  them  to  deliberate.  It  was 
necessary  to  set  out  immediately  in  order  to  ar- 
rive in  season.  Some  concluded  to  go,  and  others 
determined  to  stay.  Some  proceeded  part  way, 
and  then  returned  home.  Others  kept  on  their 
journey  to  Fredericton ;  among  whom  were  some 
of  the  Americans.  Those,  who  continued  to  the 
end,  were  subjected  to  severe  privations,  and  were 
obliged  to  remain  several  days,  without  means  of 
support,  or  being  able  to  obtain  any  other  satisfac- 
tion, than  that  it  would  be  nec(?f^sary  to  appear 
again  the  present  winter.  The  narrative  of  these 
circumstances  is  contained  in  some  of  the  affida- 
vits, and  may  suffice  to  convey  an  impression  of 
the  embarrassment  and  distress  occasioned  among 
these  settlers  by  the  service  of  this  process. 

The  affair  which  followed  soon  after  respecting 
the  taking  and  retaking  of  the  cow,  which  was 
adjudged  by  the  referees  to  belong  to  Arnold,  on 
the  warrant  of  Mr.  Morehouse,  accompanied  with 
a  sense  of  their  having  exposed  themselves  to  his 
displeasure,  and  perhaps  to  the  whole  force  of  au- 
thority from  New-Brunswick,  operated  with  the  me- 
naces of  the  constable  employed  on  that  occasion, 


'hi 


mM'^ 


241 

and  the  conduct  of  the  Irishmen  at  the  Hnes,  and 
the  reports  which  they  received  now  and  then 
from  below,  to  keep  the  inhabitants  of  Aroostook 
in  a  continual  state  of  agitation  and  alarm.  They 
were  particularly  threatened  with  a  visit  by  a  larger 
party  than  the  former,  to  punish  those  who  were 
engaged  in  that  affray,  and  put  an  end  to  any  fur- 
ther spirit  of  opposition  by  destroying  all  means  of 
resistance,  or  removing  the  inhabitants  from  the 
settlement.  The  reality  of  tb  j  apprehensions  en- 
tertained by  the  persons  who  were  concerned  in 
that  affair,  is  attf'sted  by  the  circumstances  of  their 
being  afraid  to  occupy  their  own  habitations, 
lodging  about  in  different  places,  in  barns,  or  in 
the  woods,  mustering  together  for  the  night  in 
larger  or  smaller  parties,  or  separating  for  great- 
er security.  The  statements  of  several  of  the  set- 
tlers on  this  subject  relate  to  particulars  within 
their  experience  orHtnowledge. 

A  circumstance,  that  may  seem  not  to  have  di- 
minished the  ground  of  these  apprehensions,  oc- 
curred some  time  in  the  month  of  November  last. 
The  dwelling  of  Ferdinand  Armstrong  was  enter- 
ed about  break  of  day  by  a  small  party  from  be- 
low, who  seized  his  brother  James  Armstrong, 
soon  after  he  had  risen  from  bed,  and  conveyed 
him  in  a  canoe,  without  loss  of  time,  out  of  the 
territory.  He  was  obliged  to  give  up  articles  of 
wearing  apparel^  and  part  with  what  means  he  had, 
in  order  to  obtain  his  release,  the  party  pretending 
to  have  authority  to  compel  payment  of  a  debt 
M 


m 
Ml 


li 


,1  l"ll'l 


''ii,'l! 


242 


Wi 


m 


tr    t 


I  "^'  r 


Ifi 


[Jrj ' 


and  costs.  Threats  were  also  uttered  that  men 
and  horses  were  coming  up  the  first  sledding, 
to  take  those  who  were  concerned  in  the  of- 
fence about  taking  the  cow  away.  Richard  In- 
man,  who  was  particularly  mentioned  as  of  the  com- 
ing party,  appears  to  be  one  of  the  persons  pre- 
viously employed  by  Mr.  Morehouse,  and  whom 
the  settlers  were  most  afraid  of,  in  consequence 
of  his  practice  of  visiting  them  with  arms. 

In  consequence  of  these  occurrences  and  im- 
pressions, the  inhabitants  of  the  Aroostook  have 
been  afraid  to  go  down  to  the  river  Saint  John, 
either  to  mill,  or  to  obtain  their  necessary  sup- 
plies, and  have  undertaken  the  present  winter  to 
effect  a  communication  with  Hculton,  by  cutting 
out  a  road  altogether  within  the  American  terri- 
tory. They  were  employed  upon  it  the  last  of 
December,  and  judged  they  were  about  abreast 
of  Mars  hill,  and  hoped  to  accomplish  it  in  about 
thirty  working  days.  The  pioneers  employed  to 
mark  out  the  direction  had  found  their  way  out  at 
Foxcroft,  after  enduring  intense  cold,  and  suffering 
most  severe  hardships. 

The  condition  of  the  inhabitants  of  the  Aroostook 
may  be  shortly  summed  up.  They  are  of  the  same 
general  description  as  th*se  that  have  made  pur- 
chases and  improvements  within  the  new  townships 
or  plantations  on  the  American  territory,  living  in 
the  neighbourhood  of  each  other  and  of  the  river 
St.  John.  They  are  upon  land,  of  which  grants 
and  surveys  were  commenced  several  years  ago, 


243 


sometime  before  tlie  war  with  Great  Britain,  under 
the  authority  of  Massachusetts,  without  remon- 
strance or  objection  from  New  Brunswick.  They 
have  settled  upon  the  territory  along  thirty  miles 
into  the  interior,  without  title,  subject  to  the  rights 
of  the  proprietor  or  the  proprietaries,  and  to  the  laws 
of  this  State,  then  established.  They  acknowledge 
its  authority,  and,  as  it  would  seem  to  follow,  are 
entitled  to  its  protection. 

The  authority  of  New  Brunswick  cannot  apply 
to  them  on  the  ground,  that  any  of  them  had  been 
formerly  inhabitants  of  that  province,  any  more 
than  that  of  Maine  extends  to  its  citizens  in  New 
Brunswick.  A  government  has  no  power  to  cause 
precepts  t  ^"^  executed  upon  its  own  subjocts  in  a 
foreign  ju  ;  \  tion.  The  Government  of  the  Unit- 
ed States  shields  aliens  who  arc  residents,  and  are 
well  aftected  towards  its  principles,  and  wish  to 
become  citizens.  But  several  of  them  arc  Ameri- 
can citizens. 

The  actual  survey  and  occupation  of  this  whole 
country,  under  the  public  authority  of  Maine  and 
Massachusetts,  were  entitled  to  consideration  from 
the  province  of  New  Brunswick.  Thene  acts  were 
at  least  to  bo  respected,  as  assertions  of  right,  on 
the  part  of  those  two  States;  and  some  re;;ard 
might  have  been  had  to  the  circumstance,  that  this 
right  was  originally  exercised  under  ignorance  of 
any  adverse  claim,  and  lon<5  before!  any  w;im  ad- 
vanced. On  the  other  hand,  no  act  had  ever  been 
exercised  on  this  territory  by  the  government  of 


|:     I'. 


Mil, 


I  i  li  i 


s;%^ 


244 


Jt' 


H 


New  Brunswick,  except  in  permitting  its  subjects 
to  cut  timber  the  same  as  on  crown  lands. 

So  irregular  a  practice  could  not  be  sanctioned 
or  sustained ;  and  in  compliance  wuh  the  sense  of 
the  superior  government,  it  is  supposed,  that  the 
pretension  vvas  relinquished  as  untenable,  with  a 
fairness  of  profession  which  gave  it  credit.  The 
power  of  removing  the  trees  from  the  territory, 
brought  into  dispute,  has  been  abandoned ;  and  a 
new  practice  has  taken  place,  to  wit,  that  of  re- 
moving the  people  there  planted.  If  this  principle 
can  be  supported,  it  abrogates  the  whole  authority 
of  the  State  of  Maine  over  this  portion  of  its 
territory 

The  next  course  of  inquiry  relates  to  the  state  of 
things  upon  the  territory  of  Maine  upon  the  river 
St.  John,  within  the  boundary  lino,  which  crosses 
that  river,  about  three  miles  above  the  grand  Falls, 
where  the  navigation  of  tho  river,  is  interrupted, 
and  where  it  was  contemplated  on  the  part  of 
Great  Britain,  in  detern)ining  the  St.  Croix,  that 
the  meridian  would  cross.  It  may  be  proper,  in 
the  first  place,  to  advert  to  the  situation  of  a  colo- 
ny oi  French  settlers  which  planted  themselves 
within  our  territory,  principally,  if  not  entirely, 
since  the  acknowledgment  and  establishment  of 
the  bounds  of  Massachusetts,  by  the  trt.ay  of  1783. 
This  settlement  was  compoHcd  of  ancient  French 
neutrals,  who  had  originally  endeavoured  to  escape 
from  the  government  of  Nt  va  Scotia,  or  of  their 
descendants,   who   hud   been  expelled  from  their 


245 

farms  and  improvements  on  the  establishment  of 
the  province  of  New  Brunswick ;  and  who  have 
been  joined  from  time  to  time  by  their  country- 
men from  Canada,  who  have  not  chosen  to  con- 
tinue under  the  government  established  on  its 
conquest. 

It  is  not  known  whether  any  individual  of  Euro- 
pean origin  existed  on  this  territory  at  the  peace 
of  1782;  nor  that  excepting  aboriginals,  any  other 
than  descendants  of  French  ancestors  had  made 
any  occupation,  prior  to  the  peace  of  1815.  The 
Acadians  had  retired  with  the  Indians  from  the 
presence  of  the  population,  which  took  possession 
of  that  ancient  part  of  Nova  Scotia,  after  it  was 
yielded  to  Great  Britain  and  settled  by  emigrants 
from  the  United  States,  who  adhered  to  the  British 
government ;  and  have  always  lived  in  great  har- 
mony among  themselves,  as  a  distinct  race,  pre- 
serving their  own  language,  habits,  and  manners. 
Situated  near  the  borders  of  the  American  terri- 
tory, at  a  distance  from  any  officers  of  government, 
they  appear  to  have  also  preserved  their  neutral 
character,  and  to  have  remained  as  a  people  by 
themselves,  so  far  as  they  might  be  permitted  by 
their  position  toward  the  province  of  New  Bruns- 
wick. Without  having  any  sympathy  with  the 
system  established  in  that  government,  they  have 
not  been  in  a  condition  to  oppose  the  exercise  of 
any  power  that  might  be  exerted  over  them.  Lit- 
tle occasion  could  be  presented  for  the  employment 
of  criminal  process,  among  the  relics  of  a  primi- 


> ,  i 

1  k'  It 

!; 

Ill) 


1 

1   ■ 

i;  . 

II 

i; 

t 

i 

i 

i:  m 


;,;rr 


•  'i|!f 


246 


■0.      I 


i'i« 


ti   > 


tive  population,  represented  as  of  a  "  mild,  frugal, 
industrious,  and  pious  character,"  desirous  of  find- 
ing a  refuge  under  the  patriarchal  and  spiritual 
power  of  their  religion.  It  has  been  customary  for 
them  to  settle  their  civil  affairs  of  every  descrip- 
tion, including  their  accidental  disputes  and  differ- 
ences among  themselves,  by  the  aid  of  one  or  two 
arbiters  or  umpires,  associated  with  the  Catholic 
Priest,  who  is  commonly  a  missionary  from  Canada. 
Without  any  predilection  toward  a  foreign  faith  or 
power,  they  have  had  a  natural  desire  to  be  quieted 
in  their  possessions ;  and  it  is  stated  that  one  or 
two  of  them,  under  circumstances  not  exactly 
known,  either  obtained  or  accepted  grants  of  cer- 
tain parcels  of  their  property  at  an  early  period 
from  the  province.  The  propriety  of  relinquishing 
any  practice  of  that  kind,  after  the  determination 
of  the  St.  Croix,  was  obvious ;  and  the  benefit  of 
a  sanction  might  have  been  allowed  to  the  previ- 
ous facts  of  this  description,  without  attaching  to 
them  any  injurious  motive  or  effect.  The  whole 
country,  however,  not  in  actual  possession  of  any 
cultivator,  was  considered  by  the  French  settlers 
as  open  to  occupation  at  the  period  of  the  last 
peace  with  England. 

In  1817  an  American  was  invited  to  seat  him- 
self near  the  mouth  of  the  Madawaska  river,  where 
he  was  assured  that  no  one  had  any  right  of  pro- 
perty, and  when  it  was  afterwards  claimed  by  vir- 
tue of  a  title,  the  fact  was  denied  by  the  Indians  on 
the  ground  that  the  right  belonged  to  them.     This 


247 


American,  one  who  went  from  Kennebec,  accord- 
ingly moved  away  from  the  place  which  he  first  took, 
to  a  situation  near  the  St.  Francis,  where  he  still 
lives,  unless  recently  removed. 

It  appears  that  a  military  post  formerly  existed 
at  the  Grand  Falls,  immediately  below  the  boun- 
dary; and  it  is  said  that  a  militia  authority  was 
exercised  among  the  inhabitants  of  Madawaska. 
Some  power  of  this  kind  might  perhaps  have  been 
used  at  an  early  period,  before  the  territory  was  ex- 
plored and  the  boundary  of  New  Brunswick  deter- 
mined under  the  convention  of  1 794 ;  and  it  is  not 
probable,  that  the  French  would  have  resisted  any 
measure  taken  to  compel  them  to  train  as  militia. 
The  works  at  the  Grand  Falls  have  been  suffered 
to  go  to  decay  ;  and  there  is  no  reason  to  presume 
that  a  superfluous  military  organization  was  main- 
tained among  the  remote  inhabitants  of  Madawaska. 

It  is  not  presumable  that  any  usurpation  of  that 
nature  existed  for  a  long  period ;  especially  after 
the  settlement  was  known  to  fall  within  the  Ame- 
rican territory.  If  such  an  use  of  form  or  force 
was  continued  however,  it  is  to  be  enquired  whe- 
ther it  can  be  viewed  in  any  other  light  than  that 
of  aggression  upon  the  rights  of  the  State,  and 
those  under  its  jurisdiction,  and  entitled  to  its  pro- 
tection. The  recent  formation  of  militia  compa- 
nies in  that  district  presents  itself  as  an  act  of  the 
same  character ;  and  it  is  reported  that  a  foreigner, 
by  the  name  of  Francis  Rice  has  stationed  himself 
in  this  settlement,  and  undertakes  to  act  as  an 
adjutant  of  the  militia  of  New  Brunswick. 


Ill 


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248 


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vr  '   i' 


Difference  of  religious  faith  and  diversity  of 
habits  have  naturally  tended  to  prevent  an  inter- 
mixture between  the'  American  and  French  popula- 
tion. The  country  in  .general  above  as  well  as  be- 
low the  river  Mad-  vaska,  has  taken  the  popular  de- 
scription of  that  river,  and  the  name  is  generally 
made  use  of  by  the  Americans  residing  upon  the 
higher  and  more  remote  branches  of  the  St.  John. 
The  Madawaska  settlement  extends  several  miles 
down  the  branch  of  the  St.  John,  below  the  mouth 
of  the  Madawaska  river.  Several  settlers  were 
also  scattered  above,  and  a  space  existed  of  several 
miles  above  the  mouth  of  that  river,  which  has  re- 
cently been  occupied  by  French  settlers,  some 
from  Canada,  and  others  from  the  settlement  be- 
low, and  formed  into  a  new  settlement  by  the  name 
of  Chateauqua.  They  have  undertaken  to  erect 
a  church,  and  it  is  stated  that  a  militia  company 
has  been  formed  among  them,  by  authority  out  of 
this  State.  This  new  settlement  extends  from  the 
mouth  of  the  Madawaska  river  to  the  vicinity  of 
the  mouth  of  the  Mariumticook  stream,  where  the 
American  settlement,  properly  so  called,  com- 
mences. Whether  any  foreign  measures  have  been 
taken  in  forwarding  the  progress  of  the  new  French 
settlement,  is  not  known.  They  are  without  titles 
to  their  lands  except  by  occupation,  and  they  have 
not  been  disturbed  in  their  possession.  Fines, 
however,  have  beer,  imposed  upon  some  of  them 
for  refusing  to  perform  militia  duty,  from  abroad, 
during  the  past  year,  without  regarding  the  objec- 


249i 


tion  that  has  been  made  among  them  to  train, 
on  the  ground  of  their  being  within  the  American 
government. 

The  situation  of  the  recent  settlement  seems  to 
merit  some  attention,  from  the  circumstance  of  its 
now  forming  the  connecting  link  between  tLo  for- 
mer French  settlement  below,  and  the  American 
settlement  immediately  above.  It  is  also  brought 
into  notice  by  the  attention  apparently  bestowed 
upon  it  by  the  province  of  New-Brunswick,  which 
extends  the  demand  of  militia  duty  as  high  as  th:s 
settlement,  and  considers  all  the  Americans  who 
are  settled  above  it  as  aliens.  It  may  be  proper 
to  remark  in  this  place,  that  any  occupation,  which 
the  government  of  New-Brunswick  may  have  held 
within  the  American  territory,  being  without  right, 
and  against  right,  its  operation  is  not  to  be  enlarg- 
ed by  any  favourable  construction. 

Before  passing  from  the  consideration  of  the 
French  settlement  in  this  State,  it  may  be  proper 
to  remark,  that  the  population  of  the  whole  com- 
munity, according  to  the  census  taken  by  the  au- 
thority of  the  United  States  in  1820,  amounted  to 
over  eleven  hundred.  The  computation  probably 
included  a  number  of  American  settlers,  who  had 
come  into  the  country  not  long  before,  and  were 
enrolled  in  the  same  manner  with  them  in  the 
body  of  x'^merican  citizens.  If  since  that  period 
any  of  these  persons  have  been  induced  to  go  into 
the  province,  in  order  to  give  their  votes  ;  if  pro- 
32 


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260 

vincial  magistrates  have  been  allowed  to  send  civ- 
il process  into  this  settlement ;  if  individuals  have 
been  employed  to  officiate  in  executing  the  pro- 
vincial police ;  these  can  only  be  viewed  as  acts, 
which  it  is  extremely  difficult  to  reconcile  with 
sentiments  of  respect  for  the  opinion  signified  by 
the  government  of  the  United  States.  After  this 
French  settlement  was  found  to  fall  within  the 
survey  of  the  American  boundary,  these  settlers, 
being  in  no  other  sense  to  be  regarded  as  British 
subjects  than  as  they  might  happen  to  reside  in 
British  territory,  it  would  have  manifested  a  decent 
respect  to  the  authority  of  the  United  States,  be- 
yond the  most  repeated  exterior  demonstration,  to 
have  abstained  from  direct  exercises  of  supreme 
jurisdiction. 

The  first  American  settlement  was  made  above 
the  French,  and  commenced  from  the  clearest  in- 
formation, in  the  year  1817.  It  consisted  of  sev- 
eral persons  then  citizens  of  Massachusetts,  who 
moved  from  the  Kennebec,  and  established  them- 
selves with  their 'families  on  different  spots,  the 
lowest  at  the  mouth  of  the  Mariumticook,  and  the 
highest  not  far  from  the  mouth  of  the  St.  Francis. 
it  was  well  known  in  the  province  of  New-Bruns- 
wick, that  these  emigrants  considered  they  were 
on  American  territory,  and  that  their  object  was 
to  obtain  a  title  under  the  American  government. 
It  was  also  understood  that  they  carried  with  them 
a  magistrate,  and  that  thoy  intended  to  procure  an 
incorporation.      Whether  any,  or  what  measures 


251 

may  have  been  taken  by  persons  within  the  pro- 
vince, acting  upon  this  information,  it  is  not  with- 
in my  power  to  detail.  It  may  be  remarked, 
however,  that  according  to  the  best  account,  the 
whole  territory  of  which  they  entered  into  occu- 
pation, was  previously  uninhabited,  and  unim- 
proved. The  provincial  government  had  never 
made  any  grant  above  the  river  Madawaska.  The 
American  settlers  on  the  St.  John  were  above  any 
French  settler.  They  and  their  assigns  have  since 
continued  in  the  occupation  of  their  lands,  and  a 
portion  of  the  original  settlers  still  remain. 

In  1825,  grants  were  made  by  George  W.  Cof- 
fin and  James  Irish,  Esquires,  acting  as  joint  agents 
for  the  Commonwealth  of  Massachusetts  and  State 
of  Maine,  by  virtue  of  resolves  of  the  respective 
Legislatures,  bearing  date  February  26,  and  June 
11,  1825,  to  John  Baker  and  James  Bacon,  seve- 
rally, describing  them  as  inhabitants  of  a  planta- 
tion called  and  known  by  the  name  of  the  Mada- 
waska settlement,  in  the  county  of  Penobscot,  sit- 
uate upon  the  river  St.  John.  The  land  granted 
to  Baker  was  described  as  beginning  at  Marium- 
ticook  stream  or  point  on  the  St.  John  river,  and 
bounded  to  contain  an  hundred  acres.  This  was 
the  same  point  of  land  which  was  originally  taken 
up  by  his  brother,  Nathan  Baker,  one  of  the  ori- 
ginal^emigrants  from  Kennebec,  then  deceased.  It 
was  a  mill  seat,  where  there  have  been  erected  a 
saw  mill  and  a  grist  mill.  John  Baker  married  his 
brother's  widow,  and  has  brought  up  his  family. 


i!l;:! 


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He  has  been  building  a  new  house,  which  would 
have  been  finished  last  fall.  The  land  granted  to 
Bacon  was  below  the  grant  to  Baker,  between  the 
point  and  the  new  French  settlement.  Since  the 
foundation  of  the  American  settlement  before  men- 
tioned, a  number  of  other  American  settlers  had 
tak(  n  possession,  and  made  improvements,  with- 
out interfering,  except  by  purchase,  with  any  pre- 
vious occupation. 

The  Land  Agents  of  Massachusetts  and  Maine 
appointed  provisionary  Agents,  with  authority  to 
grant  permits  to  cut  pine  timber  on  the  territory  of 
the  United  States.  Without  a  permission  of  this 
kind,  it  may  be  noticed,  the  mill  at  the  mouth  of 
the  Mariumticook  would  have  been  useless.  The 
government  of  New-Brunswick  became  informed 
of  this  fact.  A  considerable  quantity  of  lumber, 
partly  purchased  by  John  Baker  before  mentioned, 
and  partly  made  at  his  mill,  was  afterwards  seized 
in  passing  down  the  river  St.  John.  Timber  cut 
on  crown  lands  within  the  province,  by  British 
subjects,  was  allowed  to  be  redeemed  by  paying  a 
certain  duty.  This  composition  was  a  privilege 
denied  to  Baker,  whose  property  on  that  occasion 
appears  to  have  been  confiscated  on  the  ground 
that  he  was  not  a  British  subject.  All  the  Ameri- 
cans settled  above  the  river  Madawaska,  are  re- 
garded as  aliens  by  the  provincial  government  of 
New-Brunswick ;  and  a  certain  fine  or  tax  has 
been  demanded  of  them,  called  the  alien  tax. 
This  is  a  species  of  joint  military  and  civil  action, 


wHi 


*^i  ! 


263 

exercised  in  the  first  place  by  provincial  officers 
of  militia,  and  enforced  by  Justices  of  the  Peace. 
One  or  two  cases  have  occurred,  in  which  precepts 
have  been  sent  among  the  American  settlers  on 
civil  suits,  by  Mr.  Morehouse,  who  resides  upwards 
of  fifty  miles  below,  on  the  river  St.  John.     On 
one  occasion,  an  American  above  Chateauqua  was 
arrested  on  a  warrant  from  Mr.  Morehouse,  on  a 
charge  of  larceny  by  one  of  the  settlers ;  but  the 
evidence  against  him  being  insufficient,  no  final 
proceedings  took  place,  and  he  was  discharged. 
The  real  culprit  was  afterwards  discovered,  and 
on  his  confession  the  Americans  were  proceeding 
to  conduct  him  to  Houlton,   nearly  an   hundred 
and  forty  miles  distant ;  but  on  their  way  he  made 
his  escape  in  the  woods. — The  American  settlers 
have  been  subject  to  these  and  similar  inconven- 
iences,  no  doubt,  in  consequence  of  the  absence 
of  any  civil  officers,  such  as  were  recommended 
to  be  appointed  by  the  Land  Agents ;  and  occa- 
sions have  thus  been  afforded  for  admitting  the 
agency  of  Mr.  Morehouse,  as  a  civil  magistrate, 
which  would  not  otherwise  have  existed ;  and  for 
which,  'ome  possible  apology  might  be  kiri  in 
the  circumstances  of  the  country.      An  exorcise 
of  this  intrusive  authority,  however,  in  tlie  course 
of  the  past  year,  appears  to  have  given  rifie  to  a 
species  of  opposition  among  the  Americans,  which 
was  construed  by  Mr.  Morehouse  as  resistance  to 
his  authority. 

It  appears  that  some  difficulty  took  place  in 


liJI 


fir 


254 


p. 


1 


.4^ .._ 


I 


I 


procuring  the  service  of  a  writ  which  was  sent  by 
Mr.  Morehouse  against  James  Bacon ;  and  it  may 
be  suitable  to  state  the  circumstances  accompany- 
ing that  transaction.  It  seems,  that  reflection  on 
their  situation,  combined  with  a  sense  of  the  in- 
convenience to  which  they  were  exposed,  from 
the  acts  of  Mr.  Morehouse,  led  to  an  understand- 
ing among  them  to  avoid  any  employment  of  his 
authority ;  and,  having  no  regular  magistrate,  to 
endeavour  to  settle  their  affairs,  as  well  as  they 
could,  among  themselves.  The  unfavourable  opi- 
nion cherished  by  Mr.  Morehouse,  in  respect  to 
the  Americans  at  that  settlement,  may  have  con- 
tributed to  increase  their  aversion ;  and  his  occa- 
sional visits  to  view  their  proceedings  may  have 
tended  to  strengthen  a  mutual  dislike.  Mr.  More- 
house had  formerly  demanded  Bacon's  deed  from 
the  Agents,  and  knew  the  title  under  which  he 
held.  He  had  also  made  inquiry  into  the  authori- 
ty given  to  Bacon  by  the  Land  Agents,  respecting 
the  cutting  of  timber,  and  satisfied  himself  on  that 
subject.  Recently  he  sent  a  person  with  a  writ, 
to  arrest  Bacon,  on  a  small  demand  in  favour 
of  one  of  the  inhabitants ;  und  the  deputy  sent 
by  him  returned  without  effecting  service.  Ano- 
ther person  was  then  sent,  accompanied  by  a 
considerable  party,  with  a  view,  probably,  to  make 
effectual  service.  Bacon  collected  a  number  of 
his  friends  about  him  at  his  house,  which  in  on 
the  land  granted  to  him,  below  Baker's,  and,  sup- 
ported by  their  presence,  signified  his  refusal  to 
submit  to  the  mandate  of  Mr.  Morehouse. 


265 


The  principle  on  which  they  placed  their  de- 
termination was,  that  they  were   Americans,   on 
American  ground.,  and  that  Mr.  Morehouse  had  no 
right  to  extend  his  authority  over  them.     Some  re- 
sentment was  manifested  by  them  towards  the  in- 
dividual who  had  the  indiscretion  to  apply  to  Mr. 
Morehouse  ;  but  no  violence  used  towards  any  of 
the  party  who  came  to  arrest  Bacon.     The  leader 
of  the  party,  who  officiated  on  that  occasion  as  a 
constable  of  the  parish  of  Kent,  became  convinced 
of  the  inexpediency  of  proceeding  to  execute  his 
precept,  and  professed  to  respect  the  ground  of 
their  determination.     It  was  agreed  to  settle  the 
demand  by  amicable  reference,  which  was  accord- 
ingly  done,    and   the    affair   terminated;    except 
that  the  constable  afterwards  pretended  to  have 
an  execution  from  Mr.   Morehouse,  for   the  costs. 
The  spirit  of  opposition  to  the  power  of  Mr.  More- 
house, discovered  on  this  occasion,  assumed  the 
form  of  a  general  agreement  among^the  American 
inhabitants,  to  avoid  all  applications  of  foreign  au- 
thority, and  extended  to  an  outright  denial  of  the 
British  provincial  jurisdiction.     For  the  legality  of 
this  position,  they  reasoned  and  relied  upon  their 
original  character  as  American  citizens ;  the  cir- 
cumstances of  their  Hottlcment,  in  that  capacity, 
upon  vacant  American  territory  ;  and  the  assuran- 
ces of  the  Land  Agents,  which   they  understood 
decidedly  to  that  effect.     Whether  they  were  de- 
ceived in  the  ground  they  took,  by  officious  and 
unwarrantable  acts,   or   whether   any  errors  they 


m   ' 


256 


I  J,  1 


I)!:.  ■ 


'•M. 


EX, 


I    i. 


■  !• 


may  have  committed,  may  be  imputable  to  omis- 
sions on  the  part  of  either  State  to  provide  for 
the  security  of  property,  and  preservation  of  citi- 
zenship, it  belongs  only  for  those  to  consider,  by 
whom  the  powers  in  fact  exercised,  were  imparted. 
The  measures  now  made  use  of  by  Mr.  More- 
house, were  directly  brought  to  bear  upon  the 
right  of  the  two  States  to  make  the  grant  to  Ba- 
con. This  being  the  lowest  grant  upon  the  river 
St.  John,  was  the  only  barrier  against  a  general 
inroad  of  authority  from  the  quarter  below,  where 
Mr.  Morehouse  resided,  to  the  American  terri- 
tory above ;  and  the  taking  of  the  person  of  Ba- 
can,  without  remonstrance,  from  the  position  in 
which  he  was  placed  by  1?he  act  of  the  two  go- 
vernments, might  have  removed  the  only  obstruc- 
tion, and  determined  the  practical  question.  A 
paper  writing  was  accordingly  drawn  up,  and  sign- 
ed by  the  American  inhabitants  generally,  consti- 
tuting a  sort  of  compact,  by  which  they  i  -reed  to 
adjust  all  disputes  among  themselves,  by  virtue  of 
referees,  without  admission  of  British  authority, 
and  that  they  would  support  each  other  in  abiding 
by  this  determination.  This  was  to  be  a  provis- 
ional agreement,  to  continue  in  force  only  for  one 
year;  and,  in  the  mean  time,  application  was  to 
be  made  to  the  government,  in  order  to  be  made 
certain  of  their  condition,  and  to  obtain,  if  possi- 
ble, the  be  lefit  of  some  regular  authority.  Of  the 
propriety  ol  this  resolution,  or  of  the  proceedings 
by  which  it  was  isccompanied,  it  is  not  for  me  to 


VA 


267 


omis- 
ie  for 
)f  citi- 
ier,  by 
)arted. 
More- 
on  the 
to  Ba- 
le river 
general 
,  where 
1  terri- 
of  Ba- 
ition  in 
:wo  go- 
ibstruc- 
on.      A 
nd  sign- 
consti- 
reed  to 
irtue  of 
thority, 
abiding 
provis- 
for  one 
was  to 
made 
if  possi- 
Ofthe 
icedings 
me  to 


express  an  opinion.  It  may  suffice  to  say,  that  it 
seems  to  have  been  dictated  by  the  necessity  of 
t>hcir  situation ;  that  as  citizens  of  Maine,  some 
reference  was  proper  to  the  rights  and  sentiments 
of  the  State ;  and  that  in  any  judgment  of  their 
actions,  some  respect  should  be  had  to  the  author- 
ity of  Maine. 

As  a  prelude  to  this  arrangement,  the  Ameri- 
cans generally  assembled  on  land  conveyed  to 
John  Baker  by  the  States  of  Maine  and  Massachu- 
setts, and  there  erected  a  staff  and  raised  a  rude 
representation  of  the  national  eagle.  They  also 
partook  of  a  repast  provided  by  Baker,  and  en- 
joyed the  festivity  in  the  manner  that  is  usual  to 
Americans,  in  celebrating  that  occasion.  One 
of  the  French  was  hired  as  a  musician,  and  a  few 
others  were  attracted  by  the  spectacle,  and  in- 
vited to  the  table.  The  same  thing  has  been  some- 
times done  by  Americans  transiently  collected  in 
the  provinces,  on  the  same  anniversary,  without 
affording  offence.  But  on  the  present  occasion 
there  is  no  ground  to  doubt,  that  it  was  deliberate- 
ly done  to  advertise  Mr.  Morehouse  of  the  manner 
in  which  they  viewed  their  own  rights  and  his  au- 
thority ;  and  when  he  appeared,  as  was  probably 
expected,  to  inquire  into  the  moaning  of  this  en- 
sign, it  was  explained  to  him.  Mr.  Morehouse 
thereupon  gave  order  for  its  removal  to  Baker, 
which  the  latter  refused  to  obey.  It  is  not  known 
that  either  of  those  persons  had  nny  more  direct 
authority  for  his  proceeding  than  the  other ;  which 
33 


0* 


r:i 


% 


268 

had  the  better  right  may  admit  of  a  distinct  ques- 
tion.  But  the  object  was  to  apprize  Mr.  More- 
'"Tuse  of  their  opinion.  Neither  Baker  nor  Ba- 
con pretended  to  exercise  any  authority  among 
their  fellow-citizens,  on  this  occasion,  although 
they  probably  rendered  themselves  conspicuous  to 
to  Mr.  Morehouse.  The  epithet  of  General  was  one 
that  was  not  bestowed  on  Baker  until  after  this  af- 
fair. Mr.  Morehouse  also  demandod  the  paper 
of  agreement  that  had  been  entered  into  by  the 
Americans  ;  which  they  declined  to  deliver.  Mr. 
Morehouse  was  informed  that  the  paper  had  been 
offered  to  one  Peter  Markee,  a  French  lad  who 
was  at  the  American  settlement.  If  this  was  done 
with  any  intention,  it  was  a  circumstance  which 
took  place  in  the  absence  of  Mr.  Baker,  and  v/as 
contrary  to  the  original  purpose,  which  was  to  con- 
fine the  step  to  Americans  exclusively.  Mr.  Ba- 
ker, hearing  a  report  that  the  route  of  the  mail 
was  altered,  (a  change  which  the  Americans  had 
no  wish  to  take  place,  as  it  was  a  matter  of  con- 
venience to  them,)  and  meeting  the  carr'er  in  his 
canoe  inquired  whether  such  was  the  fact.  This 
inquiry  was  undoubtedly  misconstrued  by  the 
Frenchman  who  carried  the  mail,  and  the  ;;ircum- 
stance  might  hr  e  been  cxagjr/orated  to  Mr.  More- 
house. Upon  information  of  this  kind,  however, 
together  with  his  own  knowledge,  Mr.  Morehouse 
subsequently  proceeded  to  issue  a  warrant  for  the 
arrest  of  Baker,  and,  it  is  also  understood,  of  James 
Bacon   and  Charles  Stutson.     In  the  mean  time 


259^ 

the  inhabitants  agreed  upon  referees,  and  appoint- 
ed Baker  and  Bacon  a  deputation  to  proceed  to 
the  seat  of  government  with  a  request  to  have  their 
case  laid  before  the  Legislature  at  its  next  session ; 
and  to  inquire  of  the  executive  authority  whether 
they  were  recognized  as  citizens  of  the  State  and 
entitled  to  the  protection  of  its  government.  Ha- 
ving received  an  answer  in  the  affirmative,  to  be 
communicated  to  their  constituents,  with  injunc- 
tions to  observe  the  utmost  caution  in  their  con- 
duct, and  having  left  their  application  to  be  laid 
before  the  Legislature,  they  returned  through  the 
wilderness  by  the  way  they  came,  and  arrived  at 
home  a  short  time  before  the  execution  of  Mr. 
Morehouse's  precept. 

Early  in  the  morning  of  the  25th  of  September 
last,  soon  after  their  return,  while  Baker  and  his 
family  were  asleep,  his  house  was  surrounded  by 
an  armed  force,  and  entered  by  persons  of  a  civil 
character  and  others  armed  with  fusees,  &c.  who 
seized  Baker  in  his  bed,  and  conveyed  him  without 
loss  of  time  out  of  the  State.  The  particulars  re- 
lating to  this  circumstance  are  detailed  in  the  state- 
ment of  Asahel  Baker,  a  nephew  of  John  Bakor, 
who  was  first  awakened  by  the  entry,  and  whioh, 
although  not  exhibiting  any  solemn  attestation, 
may,  nevertheless,  be  relied  upon  as  substantially 
correct.  It  is  proper  to  add,  iliat  the  person,  con- 
ductuig  the  execution  of  the  warrant,  pro\«;d  to  be 
of  high  official  character  and  personal  respecta- 
bihty  in  the  province  of  New  Brunswick.     He  was 


^80 


informed  that  papers  were  in  possession  of  Baker 
under  the  authority  of  the  States,  but  he  replied 
that  it  was  not  in  his  power  to  attend  to  any  re- 
monsfrance.  No  resistance  was  made  by  Mr. 
Baker,  and  no  opportunity  was  afforded  hirn  to 
have  intercourse  with  anv  of  his  friends  and  neidi- 
hours,  from  whom  it  is  reiisonablo  to  suppose  oppo- 
sition might  have  been  apprehended.  Mr.  Baker 
was  carried  before  Mr.  Morehouse,  in  obedience 
to  the  warrant ;  it  does  not  appear  that  any  exa- 
mmiilion  took  place  however;  but  that,  hjs  was 
conveyed  to  Fr»itlericton  and  there  committed  to 
gaol.  The  letter  l>om  your  Excellency  to  the 
American  inhabi^^Mits  at  the  upper  settlement,  was 
delivered  by  hiisi  to  the  authority  under  which  he 
was  impri£«oned,  and,  after  some  detention,  res- 
tored to  him. 

The  immediate  impression  produced  among  the 
inhabitants  of  the  ^^ettlement  bv  this  circumstance, 
may  appear  from  the  further  statement  of  Asohel 
Bi'Jier.  Hp  was  the  person  employed  to  bring  a 
representation  from  them  of  the  arrest  of  Baker, 
which  was  deposited  by  him  in  the  first  post- 
office  he  reached  in  Kennebec.  He  was  absent  a 
number  of  days,  and  on  his  return,  found  that 
several  of  the  inhabitants  had  departed.  It  ap- 
pears that  in  the  interim  the  alien  tax  had  been 
•!gain  demanded,  and  process  had  been  served 
upon  the  American  settlers  generally,  sim>lar  to 
that   which   had   boon    previously   served  the 

Arorstook  indiscriminately,  to  appear  ^*  F  -  .enc- 


261 


Baker 
replied 
my  re- 

►y  Mr.. 
hirii  to 

neigh- 
s' oppo- 

Baker 
jdience 
IV  exa- 
hji  was 
tted  to 

to  the 
nt,  was 
lich  he 
Djn,  res- 

ong  the 
istance, 
Asahel 
bring  a 
Baker, 
3t  post- 
ibsent  a 
nd  that 
It  ap- 
id  been 
served 
Tii  ir  to 
the 
.enc- 


ton  in  October,  to  answer  to  suits  for  trespass  and 
intrusion  on  crown  lands,  under  the  penalty  of  an 
hundred  pounds.  It  is  understood,  that  the  ser- 
vice of  this  process  was  extended  to  the  American 
settlers  toward  the  St.  Francis  and  upon  the  Fish 
river,  whe^e  the  road  laid  out  by  the  Legislatures 
of  the  two  States  terminates.  In  consequence  of 
these  circumstances  it  appears,  that  three  of  the 
American  settlers,  viz.  Charles  Stutson,  Jacob 
Goldthwraite,  and  Charles  Smart,  have  parted 
with  their  possessions,  and  removed  from  the  set- 
tlement into  the  plantation  of  Houlton,  where  they 
are  at  present  seeking  subsistence.^  Stutson  was 
a  blacksmith,  in  good  business,  and  was  concerned 
in  the  measures  relating  to  Mr.  Morehouse.  The 
motives  and  particulars  of  their  departure  are  stat- 
ed by  them  in  their  respective  affidavits.  In  the 
precarious  state  of  their  affairs,  it  is  probable  that 
no  certain  estimate  can  be  formed  of  their  sacrifi- 
ces ;  but  it  is  evident  that  the  measures  made  use 
of  towards  the  inhabitants  in  general,  for  whatever 
purpose,  have  had  the  effect  to  expel  a  portion  of 
them,  and  to  intimidate  the  remainder.  It  is  not 
understood  that  these  measures  have  been  extended 
to  the  French  settlers  on  the  Madawaska,  who  are 
wi'\out  title  to  their  lands,  and  it  is  probably 
not  the  case ;  but  it  is  evident  that  a  correspond- 
ing applica':on  of  jui^icial  proceedings  has  been 
made,  frcn  liie  pnvince  of  Now  Brunswick,  upon 
all  the  d3ctlements  above  and  bc'ow  the  French 
occupation  of  Madawaska,  tending  to  their  axter- 


T'.. 


262 


lit 


v:  ■■■'   ' 


mination ;  and  that  the  inhabitants  are  awaiting, 
in  a  state  of  fearful  anxiety,  the  final  measures  of 
execution,  from  which  they  see  no  prospect  of  re- 
lief. The  plantation  of  Houlton  is  the  common 
place  of  refuge  to  which  they  direct  their  feet,  as 
it  was  the  custom  in  the  eariier  annals  of  New- 
England  for  the  frontier  settlers,  in  case  of  appre- 
hension, to  gather  toward  a  garrison. 

In  pursuing  the  inquiry  concerning  the  nature  of 
aggressions  complained  of  as  committed  by  inhabi- 
tants, it  may  not  come  within  the  terms  of  my  ap- 
pointment to  ascertain  how  far  any  proceedings 
that  have  beea  adopted,  may  be  traced  to  the  au- 
thority of  the  government  of.  New  Brunswick.  The 
general  application  of  judicial  process,  however, 
from  the  province  of  New  Brunswick  to  all  parts 
of  the  settled  territory,  comprehended  in  the  claim 
of  Great  Britain,  seems  to  give  rise  to  such  an  in- 
quiry. The  summonses  served  on  the  settlers  on 
the  Aroostook  and  upon  the  St.  John,  from  the 
Mariumticook  to  the  Fish  river  and  St.  Francis, 
appear  by  comparison  of  numerous  copies  to  be 
all  in  the  same  form,  for  trespass  and  intrusion  on 
crown  lands.  A  copy  of  an  information  served  on 
John  Baker,  since  his  imprisonment,  describes  the 
land  of  which  h(^  is  in  occupation,  as  lying  within 
the  parish  of  Kent,  in  the  county  of  York.  It  may 
be  therefore  pertinent  to  inquire  into  the  history  of 
the  parish  of  Kent,  and  refer  to  other  measures  of 
the  provincial  government,  preliminary  to  the  above 
mentioned  process. 


263 


The  act  of  incorporation  of  the  parish  of  Kent, 
ia  dated  1821.  It  is  entitled  "  An  act  to  erect  the 
upper  part  of  the  county  of  York  into  a  town  or 
parish,"  and  provides,  that  "  all  that  part  of  the 
county  of  York,  lying  above  the  pansh  of  Wake- 
field, on  both  sides  of  the  river  St.  John,  be  erected 
into  a  town  or  parish,  by  the  name  of  Kent."  The 
parish  of  Wakefield  was  incorporated  in  1803,  by 
an  act  also  entitled  "  An  Act  for  erecting  the  up- 
per part  of  the  county  of  York  into  a  district  town 
or  parish."  A  statistical  account  of  New  Bruns- 
wick, published  in  Fredericton,  in  1825,  describes 
the  parish  of  Kent  as  extending  on  both  sides  of 
the  river,  from  the  Grand  Falls  to  Wakefield. 
The  parish  of  Wakefield,  it  is  understood,  extended 
above  the  military  post  at  Presque  Isle,  a  station 
which  was  abandoned  the  year  foUowing^the  crea- 
tion of  the  parish  of  Kent. 

A  succinct  statement  may  be  made  of  the  mea- 
sures adopted  by  the  government  of  New  Bruns- 
wick the  present  season.  By  an  official  act  of 
the  9th  of  March  last,  reciting  that  satisfactory 
assurances  had  been  conveyed  to  his  Majesty's 
government  of  the  earnest  wish  of  the  government 
of  the  United  States  to  reciprocate  the  conciliatory 
disposition  shewn  in  regard  to  the  disputed  terri- 
tory at  the  upper  part  of  the  river  St.  John,  it  was 
declared  to  be  most  desirable,  until  the  present 
question  th»^reto  should  be  finally  settled,  that  no 
new  settlement  should  be  made,  or  any  timber  or 
other  trees  (L    ?d  in  the  wiKierness  parts  of  that 


I! 


264 

territory,  oor  any  act  done  vvhich  might  change 
the  state  of  the  question  as  it  exii^ted)  when  the 
treaty  of  Ghent  was  executed. 

Instructions  were  accordingly  issued,  addressed, 
in  general  terms,  t<)  a,!  ^r,  j^istrates  residing  in  the 
vicinity  of  what  \ras  termed  disputed  territory,  di- 
recting them  how  to  proceed,  in  the  event  of  "  any 
depredations  being  attempted,  by  either  party,  on 
the  lands  in  question."  They  werr  quired  to  be 
vigilant,  and  use  their  utmost  diligence  to  discover 
any  attempts  which  might  be  made  by  any  of  his 
Majesty  subjects  to  intrude  upon  the  territory, 
with  a  view  to  make  settlements,  or  to  cut  timber, 
and  to  make  immediate  representation  thereof 
to  his  Majesty's  Attorney  General,  that  legal 
steps  might  be  taken  to  punish  such  intruders 
and  trespassers.  And  should  they  discover  "  simi- 
lar attempts  to  be  made  by  any  other  person, 
whether  unauthorized,  or  acting  under  color  of 
authority,"  to  use  their  best  endeavours  to  ascer- 
tain the  names  of  such  persons,  and  report  them 
to  the  Secretary  of  the  province,  with  affidavits  to 

establish  the  facts,  for  the  Lieutenant  Governor's 
consideration. 

Information  of  these  proceedings  was  communi- 
cated to  the  government  of  the  United  States  by 
the  British  Minister,  in  September  last.,  a&  fur- 
nishing proof  of  the  friendfy  lisponit-on  which  ani- 
mated the  Lieutenant  Gt  v  nor  of  New-Bruns- 
wick. Mr.  Clay  was  at  the  aaino  lime  informed  by 
iVIf.  Vaughan,  that  no  attempt  iiad  ever  been  made 


to fc^ninew  set^tlen^nl^,  iind  ikv    'he^JUieiU^nant 
QofieiFliPF  W^^  c4)^tain0d^  cxercisingaQy  ^iUr 

thorily  ovejt  tliQ'  unoccupied  pa^ts  of  the  disputed 
terrjUoiiri  except  for  t^  puf|K)a^.:Qf  picserviog  it 
ii^  iMi  prc^^pt  stat^ ;  a^d  a^orfisd  Me.  Clay  tha^b' 
waa  ptbe  wi^h  aJ3i?^,;thf  daty  of  the  JUii^wtenaBt  Qo^: 
mcmtU)  avoid  giv||^Jthe  Jiligt^iQ&t  u 
tbo  government  0^"  tb§  IInit<id  ^jtatei,  on  the  tBn|' 
tOify  which  bad  uiifprtuaately  remaioied  so  long  ia 
dkpUtj^ Jl)etween  the  two  ^yernnieats.  ,, 

The  letter  of  the  British  .Minister  to  JVIr.  Clay^ 
of  ^pt^mber  17th,  is  in  answfr^pa  coiqmunita- 
tion  frpm the  Secretary  of  State,  cipnveying  ere-- 
prejsenlation  froin  yotir  Es^ceUency  to, the  govern 
TO^Ut  of  .the  United  States,  respecting  certain  ac|9' 
of  i^e  government  of  New-Brunswick,  which  vfei^ 
couE^der^d  an  undue  exercise  of  jurisdiction  in  thei^ 
settlement  on  the  river  St.  John,  composed  of  the' 
grt)  :ees  under  Massa  husetts  and  Maine,  and  oth-- 
er  American  settlers.  In  his  answer  to  this  com- 
munication, the  British  Minister  observes,  that  *'  it 
appears  from  Governor  Lincoln's  statement,  that' 
the  settlement  in  question  is  a  British  settlement 
upon  the  river  St  John,  westward  of  the  Madawas- 
ka ;  and  that  it  is  composed  of  the  original  set- 
tlers, and  of  emigrants  from  the  United  States." 
"  In  what  manner  the  settlement  west  of  the  Ma- 
dawaska  can  be  considered  a  British  settlement^ 
can  only  be  explained  by  a  subsequent  passage  in 
the  same  letter,  in  which  the  British  Minister  says, 
that  "ever  since  the  province  of  New-Brunswick 
34 


! 


„Ji 


;#: 


l-i''' 
I'l''.' 


If:    -■ 


?  1^ 


I J 


was  established,  in  the  year  1784,.  the  territory  in 
dispute  (between  Great  Britain  and  the  United 
States,)  has  always  been  considering  as  forming 
part  of  it ;  apd,  the  rights  of  sovereignty  have  in 
consequence  been  exercised  by  the  British  goveri^« 
mont."  He  therefore  protests  against  the  valid^' 
ty  of  any  title  to  lands  in  the  ancient  British  sel^^ 
tiements,  granted  by  the  States  of  Maine  or  Mas- 
sachusetts, "  until  a  cAaw^e  in  the  right  of  posses- 
sion ahall  have  been  effected,  in  consequence  of  the 
fifth  article  of  the  treaty  of  Ghent."  ^ 

.To  support  this  position,  the  British  Minister 
refers  to  a  map  of  Nova.  Scotia^  published  by  the 
Board  of  Trade  in  1775,  including  the  territory  in 
dispute  in  the  province  of  Nova  Scotia ;  by  a  map' 
of  this  territory,  published  by  oi^der  of  the  British 
House  of  Commons,  29th  June,  1827,  the  territo-^ 
ry  in  question  is  not  included  in  the  provmc§^ 
New-Brunswick. 

In  a  subsequent  letter  from  the  British  minister 
to  Mr.  Clay,  dated  Nov.  21,  he  speaks  of  the  pro- 
ceedings of  the  magistrates  acting  under  the  au- 
thority of  his  Britannic  Majesty  in  the  province  of 
New-Brunswick,  against  two  citizens  of  the  Uni- 
ted States,  established  in  British  settlements  upon 
the  rivers  Aroostook  and  Madawaska."  These 
proceedings,  he  observes,  are  supported  by  two  af- 
fidavits, transmitted  by  your  Excellency,  viz.  one 
of  "  William  Dalton,  residing  upon  the  Aroostook," 
and  the  other  of  Jonathan  Wilson  relating  "  to  the 
arrest  at  Woodstock  upon  the  Madawaska  river, 


f 
I.  ^    <■ 


'i 


2«7 

Within  65  miles  of  Frederictoh,  of  Mr.  Baker,  fdr 
having  interrupted  the  passage  of  the  mail  from 
New-Brunswick  to  Canada." 
'nf  The  British  minister  states  to  Mr.  Clay,  that  the 
sovereignty  and  jurisdiction  over  the  territory, 
claimed  by  the  British  CommisBioners  according 
to  the  line  laid  down  by  them,  running  by  Mars 
hill,  comprehending  in  that  portion  of  the  territo- 
ry of  New-Brunswick  the  rivers  Aroostook  and 
Madawaska,  have  consequently  remained  with  Great 
Britain,  having  been  in  the  occupation  and  pos- 
session of  the  Crown,  previously  to  the  conclusion 
of  the  treaty  of  17C8;  and  that  the  opposite  claim 
of  the  United  States  cannot  furnish  any  pretext 
for  an  interference  with,  or  an  interruption  of  the 
exercise  of  the  jurisdiction  within  that  territory,  by 
magistrates  acting  under  British  authority,  on  the 
part  of  the  citizens  of  the  United  States,  who  may 
choose  to  reside  in  those  ancient  settlements." 
He  adds,  that  he  has  already  communicated  to  the 
Secretary  of  State  sufficient  proof  of  the  decided 
resolution  of  his  Majesty's  Lieutenant  Governor  of 
New-Brunswick  to  maintain  the  dii^puted  territory 
in  the  same  state  in  which  his  Excellency  receiv- 
ed it,  after  the  conclusion  of  the  Treaty  of  Ghent ; 
and  that  he  is  convinced  that  n  mutual  spirit  of 
forfearance  animates  the  general  government  of 
the  United  States.  The  British  minister  further 
acquaints  Mr.  Clay,  that  Sir  Howard  Douglas  deems 
it  his  duty,  as  Lieutenant  Governor,  not  to  aban- 
don any  right  of  practical  sovereignty,  which  has 
been  exercised  in  the  disputed  territory,  **  which  has 


P^ 


(  . 


ll-'  '«       ? 


T  '?T1 


HI 


^8    ^ 

been  held,  occupied  and  located,  as  British  settle- 
ments," for  any  period  within  the  past  century,  or 
even  latter.  That,  considering  the  conduct  of  Ba- 
ker fit  matter  for  cognizance  of  the  law  officers  of 
the  crown,  his  Excellency  had  directed  the  Attor- 
ney-General to  take  such  measures  as  he  might 
deem  necessary,  to  enforce  the  municipal  law  of 
the  province  :  and  tbat  there  could  be  no  grounds 
for  complaint  of  an  undue  and  illegal  exercise  of 
jurisaictioFi,  whatever  motive  there  might  be  for 
remonstrance  against  the  severity  with  which  the 
laws  might  be  executed. 

I  take  occasion  to  collect  these  details  from  the 
correspondence  of  the  British  Minister  in*  this 
country  and  present  them  to  your  Excellency's  at- 
tention, in  order  to  exhibit  the  principles  on  which 
the  acts  in  question  may  have  been  performed,  and 
also  because  the  conclusions  wh  ch  he  deduces 
from  them  are  so  undeniable.  The  character  of 
this  avowal  is  so  peremptory,  that  it  puts  an  end 
to  all  ground  of  inquiry  on  the  part  of  Maine ;  as 
the  position,  thus  taken  on  behalf  of  the  British 
Government,  extends  to  justify  the  exercise  of  ev- 
ery species  of  povver  for  which  a  precedent  can  be 
found  in  the  past  century,  or  even  the  present ; 
and  Maine  has  no  right  to  find  fault  with  the  man- 
ner in  which  the  laws  of  the  province  may  be  ex- 
ecuted in  New-Brunswick.  So  remarkable  a  pro- 
position, however,  is  not  well  calculated  to  dimin- 
ish our  concern  on  account  of  the  cause  for  which 
so  large  a  proportion  of  territory  may   be   with- 


f'( 


269 


settle - 
;ury,  or 

of  Ba- 
icers  of 
1  Attor- 

might 

law  of 
rrounds 
••cise  of 

be  for 
ich  the 


>:t^ 


•om  the 
iir  this 
cy's  at- 
[)  which 
led,  and 
leduces 
icter  of 
an  end 
ine ;  as 
British 
3  of  ev- 

can  be 
resent ; 
ic  man- 
r  be  ex- 
)  a  pro- 
>  dimin- 

which 
3   with- 


drawn from  the  jurisdiction  of  the  State ;  although 
it  may  allay  your  surprise  at  the  determination  of 
the  Lieutenant  Governor  of  New-Brunswick  to  de- 
cline any  intercourse  with  the  Executive  authority 
of  the  State,  of  the  kind  that  has  heretofore  ex- 
isted between  adjoining  governments. 

If  it  be  the  correct  state  of  fact  as  thus  repre- 
sented, that  the  territory  in  question  has  ever  con- 
tinued in  the  occupation  and  possession  of  the 
British  Crown  since  the  treaty  of  1783,  it  affords 
a  strong  colour  unquestionably  to  the  claim  insist- 
ed upon  to  the  absolete  sovereignty ;  as  in  a  dubi- 
ous case  of  right,  where  lines  have  become  ob- 
scured, an  open,  notorious,  and  exclusive  posses- 
sion, for  a  great  length  of  time,  in  the  presence  and 
without  the  reproof  of  an  adverse  claimant,  must  ne- 
cessarily have  great  weight  in  determining  the  ti- 
tle :  and  the  principle  thus  strongly  assumed,  gives 
an  important  aspect  to  the  demand  which  has  been 
made  upon  Maine  and  Massachusetts,  under  the 
form  of  the  fifth  article  of  the  treaty  of  Ghent. 

It  is  to  be  doubted,  however,  whether  your  Ex- 
cellency will  be  able  to  discover  evidence  of  the 
existence  of  any  British  settlement  whatever  with- 
in the  boundary  of  Maine.  I'he  act  of  undertak- 
ing to  remove  all  the  settlers  upon  the  territory  to 
which  the  British  government  lays  claim,  exci;pt 
the  French,  as  trespassers  ar.d  intruders,  certoinly 
does  not  tend  to  give  any  portion  of  the  territory 
the  character  of  a  British  settlement  by  reason  of 
their  residence.     Whether  the  act  establishing  the 


4 


270 


^', 


h4 


in': 


.  i    i 


ft 

,  t 


Pari^  of  Kent  was  intdnded  to  form  a  British 
settlement  beyond  the  boundary,  may  depend  upon 
the  limits  assigned  to  it ;  if  it  have  any  other  than 
those  of  the  disputed  territory. -^^  .>  ue.  -XkijfikMi^. 
'"  The  summonses  to  the  settlers  on  the  Aroostook 
were  dated  19th  of  May,  and  served  early  in  July, 
before  any  movement  of  the  Americans  in  the  up- 
per settlement  on  the  St.  John.  On  the  11th  of 
August,  Mr.  Morehouse  transmitted  a  list  of  Amer- 
ican citizens  settled  on  the  river  St.  John,  above 
the  French  settlements.  The  summonses  to  the 
latter,  so  far  as  seen,  were  dated  Sept.  17th.  It  is 
not  known  that  there  was  any  one  of  the  American 
occupants  in  that  quarter,  where  all  are  American 
citizens,  omitted  in  the  process.  Warrants  were 
also  out  against  Bacon  and  Stetson,  on  charges 
similar  to  those  against  Baker,  but  had  not  been 
executed.  It  is  due  to  say  that  I  derived  valuable 
benefit  from  Mr.  Barrell,  to  whom  I  also  endea- 
voured to  afford  all  the  aid  in  my  power. 

The  result  of  this  inquiry,  from  the  justification 
advanced,  is  tliat  the  government  of  New  Brunswick 
recognizes  the  acts  committed  by  her  magistrates, 
and  adopts  them  in  all  their  bearings.  It  is  now 
perfectly  understood,  that  the  government  of  New 
Brunswick  claims  to  extend  the  laws  of  the  pro- 
vince over  a  large  portion  of  the  ter»  itory  of  Maine. 
The  operation  is  not  merely  left  to  inference.  The 
design  is  not  affected  to  be  concealed.  The  pre- 
tension is  publicly  nnnonriced  in  official  papers  and 
communications,   speaking    the   unequivocal   Ian- 


271 


British 
id  upon 
er  than 

}03t00k 

in  July, 
the  up- 
llthof 
'  Amer- 
,  above 

to  the 
1.  It  is 
nerican 
nerican 
its  were 
charges 
ot  been 
aluable 

endea- 

fication 
mswick 
istrates, 
is  now 
of  New 
10  pro- 
Maine. 
!.    The 
he  pre- 
ors  and 
al   lan- 


guage of  the  government.    We  have  a  frank  ex- 
position of  the  views  which  are  entertained  by  the 
British  Minister  in  this  country,  and  the  sentiments 
and  spirit,  which  animate  the  Lieutenant  Governor 
of  New  Brunswick.    The  whole  tract  of  country 
whieli  has  been  the  scene  of  late  complaints,  is 
challenged  as  being  within  the  allegiance  of  His 
Britannic  Majesty,  under  his  sovereignty  and  juris- 
diction, and  subject  to  the  municipal  regulations 
and  control  of  liis  government.    No  persons  are 
considered  as  lawfully  residing  therein,  except  by 
the  authority  or  sufferance  of  the  Provincial  Gov- 
ernment.  No  inhabitants  of  this  territory,  whatever 
time  they  have  been  on,  are  deemed  to  be  pos- 
sessed of  any  estate  therein,  except  by  virtue  of 
the   province  laws.    No  residents  arc  entitled  to 
acquire  any  rights  in  real   estate,  except  British 
subjects.     All  other  occupants  of  the  soil  are  treat- 
ed as  trespassers  and  intruders.     All  other  inhabi- 
tants arc  liable  to  the  disabilities  of  aliens ;   and  to 
the  restrictions  imposed  upon  their  actions,  inter- 
course,  and  industry,  by  the  enactments  of  pro- 
vincial legislation  ;   and  likewise  in  respect  to  the 
right  of  bearing  arms.     Every  American  citizen  is 
required  to  report  himself  within  two  months  after 
his  arrival,  to  a  regimental  quarter-master,  and  is 
subjected  to  an  annual  assessment  for  the  mainte- 
nance of  the  provincial  militia.     The  residue  of 
the  territory,  excepting  such  small  portions  as  may 
be  parcelled  out,  is  reserved  as  crown  lands ;   and 
trees  are  forbidden  to  be  cut  among  the  Koyal 


'■^rf^A  '.([•' 


,-  f   ■  -/  ■  ".:•'-  '^;'-  ,   -  *' 


,    ^l 


I 


272 

Forests,  upon  tho  penalty  of  the  province  laws. 
Grants  and  licences  are  withheld  or  suspended  for 
profound  considerations.  In  other  respects  the 
authority  and  laws  of  the  province  are  put  in  ac- 
tive operation,  and  asserted  in  full  vigor.  This 
^description  is  to  be  understood  as  applying  to  a 
large  part  of  the  State  of  Maine.  m^^^  .  .b^ym--Mm^* 
-  The  consequence  is,  that  the  class  of  cases  con- 
cerning which  the  government  of  Maine  is  anxious 
to  extend  its  inqu.iy,  is  not  considered  as  coming 
within  the  scope  of  her  constitutional  care  and 
cognizance.  The  individuals,  on  whose  behalf  her 
solicitude  is  excited,  are  intruders  upon  lands  not 
within  the  State  of  Maine.  Although  citizens  of 
that  State,  they  have  put  themselves  out  of  its 
power,  and  lay  no  longer  claim  to  its  protection ; 
but  are  liable  to  be  dealt  with  only  according  to 
the  laws  of  New  Brunswick,  and  placed  under  its 
provincial  police.  This  is  the  broad  ground  taken 
by  the  government  of  that  province.  While  it  is 
certain  that  no  undue  severity  of  motive  can  be 
attributed  to  the  superior  Executive  of  New  Bruns- 
wick, *t  is  equally  apparent  that  the  provincial  go- 
vernment undertakes  to  exercise  in  all  respects  the 
rights  of  the  most  incontestible  jurisdiction. 

The  facts  are  shortly  these  :  Citizens  of  Maine 
and  others,  settled  on  land^,  surveyed  and  granted 
by  its  authority,  living  witliin  its  ancient  and  long 
established  limits,  are  subjected  to  the  operation  of 
foreign  laws.  These  are  apphed  to  them  in  the 
ordinary  course  of  civil  process,  in  taking  away 


e  laws, 
led  for 
cts  the 
in  ac- 
This 
ig  to  a 

es  con- 
iDxious 
coming 
ire  and 
lalf  her 
ids  not 
zens  of 

of  its 
ection ; 
ding  to 
ider  its 
d  taken 
lie  it  is 
can  be 
Bruns- 
nal  go- 
icts  the 

Maine 
[ranted 
d  long 
,tion  of 
in  the 
away 


273 

their  property,  and  also  their  persons.  American 
citizens  in  this  State,  are  proceeded  against  as 
aliens,  for  sedition  and  other  offences  and  misde- 
meanors against  the  crown  of  Great  Britain  ;  and 
one  of  them,  a  grantee  of  Massachusetts  and  Maine, 
^seized  on  the  land  granted,  remains  in  prison  on 
charges  of  that  description.  A  portion  of  this 
State,  of  considerable  magnitude,  in  thus  actu- 
ally incorporated  into  the  adjoining  province ;  and 
his  Excellency,  the  Lieutenant  Governor,  r.  per- 
son of  great  virtue,  is  unable  from  his  situation, 
to  afford  the  explanations  which  these  acts  obvi- 
0"^7  require,  except  to  those  under  whose  orders 
i*  '  placed,  or  with  whom  he  is  obliged  to  cor- 
e«poDd. 

In  begging  leave  to  submit  these  circumstance  to 
your  Excellency's  consideration,  and  requesting 
permission  to  refer  to  accompanying  papers,  I  am 
sensible  of  the  occasion  there  is  to  solicit  your  in- 
dulgence in  performing  the  duty  I  owe  to  yourself 
and  to  the  State. 

I  have  the  honor  to  be, 

with  the  highest  respect, 

Your  Excellency's 
most  obedient  servant. 

(Signed)  C.  S.  DAVEIS. 

Hii  Excellenci/ 

Governor  Lincoln. 

35 


■■| 


''I 
•I 


'1 


; 


'■'''^■U-i 


i\-'^TT' ' 


-■v. 


H-^K 


..  *     .        1      ' 


1    .  tK 


STATE  OP  MAINE. 


A  resolve  in  relation  to  aggressions  upon  the  North-East- 
ern  Frontier  of  the  State. 

Whereas  the  sovereignty  of  this  State  has  been  repeat- 
edly violated  by  the  acts  of  the  agents  and  officers  of  the 
Government  of  the  British  province  of  New-Brunswick, 
and  that  government,  by  its  agents  and  officers,  has  wan- 
tonly and  injuriously  harrassed  the  citizens  of  this  State, 
residing  on  the  Northeastern  frontier  of  the  same,  and 
within  its  limits,  by  assuming  to*  exercise  jurisdiction  ovej- 
them,  in  issuing  and  executing  civil  and  criminal  process 
nr'Hinst  them,  by  which  their  property  has  b<'en  seized, 
ui.d  some  of  them  arrested  and  conveyed  out  of  the  State, 
and  subjected  to  the  operation  of  the  laws  of  that  pro-* 
vince  ;  in  establishing  military  companies  within  the  ter- 
ritory of  this  State  ;  imposing  fines  for  neglect  of  military 
duty ;  imposing  upon  our  said  citizens  an  alien  tax,  and  re- 
quiring payment  of  the  same  ;  and  whereas,  by  the  exer- 
cise of  the  aforesaid  unwarranted  acts  of  jurisdiction  by 
the  government  of  the  said  province,  some  of  our  citizens 
have  been  deprived  of  their  liberty,  their  property  destroy- 
ed, many  of  them  driven  from  their  lands  and  dwellings, 
the  tranquillity  and  peace  of  all  of  them  disturbed,  and  the 
settlement  and  population  of  that  par?  of  the  State  ad- 
joining said  province,  greatly  retarded,  if  not  wholly  pre- 
vented :  therefore. 

Resolved,  That  the  present  is  a  crisis,  in  which  the  go- 
vernment and  people  of  this  State,  have  go«jd  cause  to 
look  to  ihe  government  oi'  the  United  States  for  defence 
and  protection  against  foreign  aggression. 

Resolved  further,  That  if  new  aggressions  shall  be  made 
by  the  government  of  the  province  of  New-Brunswick 
Mpon  the  territory  of  this  State,  and  upon  its  citizens,  and 


n?'K'' 


Vjf'^-  ^*?<- 


•X  -  -<i 


Pi^-  f 


made 
knswick 
IS,  and 


>#•? 


^7« 


■  .■.? 


h-East^ 


repeatf 
s  of  the 
nswick, 
as  wan- 
)  State, 
ne,  mid 
on  ove* 
process 
seized, 
e  State, 
I  at  pro-. 
Ithe  ter- 
military 
and  re- 
le  exer- 
tion by 
citizens 
lestroy- 
ellings, 
and  the 
ate  ad- 
lly  pre- 

"he  go- 
luse  to 
lefence 


seasonable  protection  shall  not  be  given  by  the  United 
States,  the  Governor  be,  and  he  hereby  is  requested  to  use 
all  proper  and  constitutional  means  in  his  power,  to  pro- 
tect and  defend  the  citizens  aforesaid  in  the  enjoyment  of 
their  rights. 

Resolved  further^  That,  in  the  opinion  of  this  Legislature, 
the  Executive  of  the  United  States  ought,  without  delay, 
to  demand  of  the  British  Government  the  immediate  re- 
storation of  John  Baker,  a  citizen  of  this  State,  who  has 
been  seized  by  the  officers  of  the  Province  of  New-Bruns- 
wick, within  the  territory  of  the  State  of  Maine,  and  by 
them  conveyed  to  Fredericton,  in  said  Province,  where  he 
is  now  confined  in  prison ,  and  to  take  such  measures  as 
will  effect  his  early  release.  * 

Resolved  further  J  That  the  Governor  be,  and  he  hereby 
is,  authorized  and  requested,  with  the  advice  and  consent 
of  Council,  from  time  to  time,  to  extend  to  the  family  of 
the  said  John  Baker,  such  relief  as  shall  be  deemed  neces- 
sary ;  and  he  is  hereby  authorized  to  draw  his  warrant  on 
the  Treasury  for  such  sum  or  sums  as  shall  be  required  for 
that  purpose. 

In  the  House  of  RepresentatweSf  Feb.  16,  1828. 
Read  and  passed. 

JOHN  RUGGLES,  Sj^eaker. 
Attest,  James  L.  Child,  Clerk. 

In  Senate,  Feb.  18,  1828. 
Read  and  passed. 

ROBERT  P.  DUNLAP,  President,. 
Attest,  Ebenezer  Hutchinson,  Secretary. 
February  18,  1828 — Approved. 

ENOCH  LIJVCOLir. 


